Gujarat Water Supply and Sewerage Board Act, 1978 (No. 18 of 1979)

\ . C • I C0VF.RNM El'iT OF r.l).JARAT GUJARAT WATER SUPPLY AND SEWERAGE BOARD, GANDHINAGAR PRJNTfO AT THE GOV.ER1~'1ENT CENTRAL l'R [SS GAN O.1-UNAGAR 2010 • ' GUJARAT ACT No. 18 OF 1979 (First publ ished. after having received rhe assent of the President in the "0uiara; G(wemmenr ria=eue. on rhc 6th June l 979). i /\et 10 provide for rhe csrablishmcnt of a Water Supply anc.l Sewerage Board forth<! r;1p id <kvelopmcnt anc.l proper regulation of water supply and sewerage services in the State of Gltiaral. It is hereby enacted in the Twemy-nintl1 Year of' the Republic of' lnc.lia as r,1 llows : CHAPT ER I PRELIMINARY Shnn lltk I. (I) This Act may be called the Gujarat Water Supply ;ind Sewerage e<iem ,n,l Board Acl. 1978. comnwn,·c· (2} It extends to tl1e whole of the Stare of Gt\jarm .:xcluding the ar.:as compri$ed in Cities and canmnments. 13 l lliis section shall come into force al once a11d the remaining provis ion~ sha ll come imo force on such date as the State Go\emment may. hy nor ification in the O{Jicial Gci=e11e, appoint. and different dates may be appointed for J iffercnt provis ions. and any re lerence in any such provision to the date of commencement of this Ac t shall be constrned as reference to the date or coming into force o r that provisi,m. 2. Jn thi, Act. unless the context othe rwise requires. ( i) "Board" means the Gujarar Water Supply and Sewerage Boarc.l establ ished under section-3 (ii) "bye-laws" means bye-laws made under this Act; (1iiJ "cantonment" means a cantomncnt declared as .-i1ch under secuon 3 of the Cantonments Act, 1924 : (iv) "cess-pool" includes a scrrlcment tank or other tank to receive or dispose o r foul matters from any premises : (v) "Chairman" means the Chamna11 of che Board : m1:m Di:fonr11on., Tk•n l.lX (vi} "City" means a City a; consti11ucc.l under section 3 of the Bombay ,,1 "-'"!. Provincial Munic ipal Corporations /\et, 1949 ; Y-203-1 (v ii ) "c()mmunication pipe" means any pipe or system of pipe,. along wilh all fiHings thereto. by means of which water is supplied to any premises from the main. ru1d includes a connection pipe. service pipe, meter or other fill ings : (vii i) "connecuon pipe" means any water pipe from a lerrule to stop-cock connecting the main of the local body or tbe Board, as the case may be. with 1he service pipe : 2 (ix) "consumer" means any person getting the benefit of any waler supply or sewerage service !Tom the local boJy or the Board, as the case may he : (xl "<lorncst1c sewage" means waste water from residential premises. hoarding and lodging houses. ho"tels. hotels. public places. offices and all such cst~blishmenL~ as arc not a r an ,if any trade or induslTY, a.nu arising 0111 01' personal and nom,al human act1vt1ies such as drinking. barbing. ahlution '"1shi11g and .:ooking (x11 "dram" n:..:an, a ,ewer runnel. pip~- dnch. g,11tcr nr d1;111nd :ir .Ul) ~istern. flush-tank. 'l!Pll<.: tank or ut 1er .!<:,ice li.1r carrying off ,ir m:atlll!! ,ewagc offc1isi1c rnatt.:r. polluted w~tcr ~ulbge, \\l!Sl<~ wat~r 01 ,t1h-si1il wa1er. and 111cluccs any culven. ,en11im1on shaft or pipe or other appliances ,1r finmgs cnnnected with sucll drni n. anJ any ejectors. compr.:ssc<l air mains. scaled sewage mmn, a11d special machmer) or appannus 1<,r r.i ising. col Ice ling, c ,peil 111g or re1mn ing ~cwag..: 01 ot'fon,ive mailer 1ron1 ,HW place: 1 xii 1 "krru lc" means a ferrule ~,mn.:l'lutg 1h1: c<Jnnection ripe with the mam : 1 xui) "Gujarat Pub he Health Engi111:s:nng Ser. ice" means the orga111s.ll11m functioning. tor lh<: purpose of' prov1dmg warer supply and sewerage services as a wing or the Hcaltll and Family \\id fore Department QI' th..: Ciovcrrm1ent or Gu,1arat: I'm) "local are:1" means tltc ,ll'e,1 i;tlling withrn the 1urisdicli1>n llf a local bod, (xv\ "local body" means a 1mmi..:1prllit) or a p.u1cbayat established under any law for 1he time heiog i;i force : l.\vi) "mai11" metms a pipe laiJ bv tbc IL>cal body or the Board. as the case may be. for the purpose of giving a genera] supply of warcr as di~tinct from a supply to mdividual consumers. and includes any apparnnis U$etl m .;01mection \\~lll such a pipe. 1x1·1i) "member" rncm:s a mcmh~r ol tile Board. and include~ the Chairm:m u f the Board , cxviiil "Member-Secretary" means thc Ylcmber-Sccretary or the iloard . (x1xl "municipality" induck~ tl1e person or committee appointed under clause (c) tlf sub-section (I) ol" secllon 264-13 of tlle Gujarat Municipaliues Ac t. I 963 for any norifiecl area . (XX) "non-ollicial member" me:ms ,1 member. not being an ex-oj]icio member: (xxi) "occupier". in relalion 10 any prc:miscs. means the following: (a) any person for the time being paying or liahle to pay rent or any portion thereof to the owner in respect or those premises ; U\IJ .-;4 of 1%4 9 3 { b) an owner who is in occuparion o C those premises : {c) a tenant of those premises who is exempt from payment of rent : (d} a licensee who is in occupation of chose premises: and ie) JIIY persnn. who 1s liablL 1,1 pay damage~ 10 the n,V11er in respect ol us.: and ,,crnpation of tho,e pn::m1$es: r~xiil ",,wner". m relation 1(1 nn1 pre1111,es. means the person who recci,.:~ th.: rent or the said premise~ or who would tu: ,,ntitlec.l co receive the rent thcre<.>f 11" the premises were let. and includes ta) an agc-111 or Lntslee who receive, ~uch rem on account ofth~ owner: (h) an agent or crnstce who receives che rem M, or 1s entmstcd with. th.: managcmem of nny pre-111ises devoted w religious or charimble purpo~es : 1c) a r~t;ctv.:r or manager appointed by any Court of competent 1unsdic11on 10 have the charge of, or to exerdsc Ille right, of an owner or Lhe said premises : anc.l 1d) a morcgagee-1n-possess10n: {xxiii) "premises" means any land or huikling or ,my pan ofa building: t xx1v) "prescribed" means prescribed by rnlcs ; ( xxv) "private: street". "public street" aml "~trect" in rela1ion to any local area. shall have the meaning, assigned 10 them 1n the law relating ro chc local body ha\'mg3unsdiction over that local area. (.x.xvi) "regulations" means regulations made under this Act (xxvii) "relevant local authority lav," means (a) in re lation 10 a municipality, 1he Gttiara1 Municipalities Act. 1963 : (h) in relation co a 1>aochaya1, Lhe Gujarat Panchayal~ Ace, 1962 : (xxviii) "rules" means rnles made under this AcL ; (xxix) "service pipe" means any pipe other than the connection pipe beyonc.l the stop-cock by means of which water is supplied t<.> any premises: (xxx) "sewage" means nigh!-Soit a.n<l other contents of water closet~. latrines, privics, urinals. cess-pools or drain,, and polluted water from sinb, bath rooms, stables and other like places. and includes trade cfnuencs ; ('iXXL} "sewer" means a closed conduit for carrying sewage, offensive matter, polluted wa1er, waste water or sub-soil water; (xxxii) "sewerage" means a system of collection of waste water from community from its houses. institutions. industry and public places, the pumping trcatmcnL and disposal of such ,-1asce water, its effluent, sludge. gas and other end products : (xxxiii) "stop-cock" means a ~lop-cock fitted at the end of Lhe connection pipe away from tbe main for the P\trpose of switching off and regulating the water supply to any pren11ses; V(or 196-l . Ciuj VI of 1962. 4 (xxx1v) "trade cfflucm" means any liquid either with or without particles of matters in suspe:nsion therein, wb ich is wholly or in pan produced 01 discharged in the course of any trade or indusrry. including agncuJrurc and horticu lture. but ii does noc include domestic sewage; (x:u,) "water connection" includes ! a) any mnk. cistern. bydtant. standpipe. meter or tap. situated ,111 any private property am! connected with a main nr other riirie helpnging t<l the local body or the Board. as the case may be: (h) the water pipe connecring such a 1ank. ~1stcrn. hydrant. stand-pipe. meter or tap. with such main or pipe; \xxxvi) "water supply" means a sys.1em of prnviding water tu ll community for meeting its rcquiJcmcm for drinking and nther domestic use~, industry. recrca1ion and various pub I ic uses; (xxxvii) "water works" includes water channel ( including stream, lake. spring. river or canal. well. other underground wmc:r source. pump. gaJleries. reservoi r, cistern. tank). duc1. whether covered· lll' open. rreatmem units. sluice, supply main culvert. engin~. water-truck. hydrants. stand-pipe, condui1 and machinery. land. buikliJ1g or other things for supplying or used for ~upplying water or for protecting. sources of water supply or for treatment of water CHAPTER 11 ESTAllLISHME!-<'T, Co~DUCT OF B USTNESS. DUTIES AND POWERS 0 ~ nil, B OARD .. Establi::.h· 3. ( I) As soon as may be aflcr the commencement of this Act, the State mcm of the Govenunent shall, by noti fication in the O.f)icia/ Gazelle, with effect Board from a date to be specified the re in , .:stablish for the purposes of this Act a Board to be called "the Gujarat Wa1er Supply and Sewerage Board". (2) The Board shall be a body corporate. having perpetual succession and a common seal, with powers, subjec• 10 the provisions of this Act, to acqui re, hold or dispose of property, both movable and immovable, and to contract, and may sue or be sued by its corporate name aforesaid. Born. (3) The Board shall be deemed to be a local authoritv as defined in 1he l vf 1904. Hombay Ueneral Clauses Act, 1904. 4. (I) The Board shall consist of the following members, namely : (a) the Chairman m be appointed by the State Government. from amongst persons appearing to it to be qualified by reason of wide adminis1ra1ive experience in a managerial capacity or capabili1y as a technical expert, for such appointment; (b} the Member-Secretary to be uppoinied by the Seate Government. who shall be a qualified Engineer, baving an administrative experience and experience of water supply and sewerage works; Consrnu 1100 <>t the Board l)rsqua· lifii::auon for non~ ofticial mcmb~r Y-203-2 s (cl a n:presentativc of the State Government from Lhc Health and Family Welfare Deparunent. not below tilt: ra11k of Deputy Secretary w Government. 1.0 be appointed by the State Govemmem, ex-o.f]kio: (d) a n!prcscntallve or the State Covemm.:nt from the Panch,iyat,. Housing and L'rban Development Dcpamnem or from the Planning Dcparnnent not below the ra1ik of Deputy Secretary to G<>vemment to he appo 11ued by tl1e State Government. ex-officio; (c) ~ repre$entauvc ,1f the State Govc111men1 rrom the Fmance Deparnne111. nm below the rn11k of a Deputy Secretary to Government robe appointed by the State Govcnunent ex-officio ; ( I) rhree members to be appomtcd by the State Government from amongst the elected heads of the local bodies; tgJ four members to he appointed by the State Covemment, who are ..:xpens in economic or development plamung and engineering. 1'.!) The names ut' 1he persons appoin ted as non-official members sha ll be published in the O/Ticial Gazel/e. 5. A person ;hall be disqualified for being appointed or continuing as a Non-Officia l member, ifhe (a) has been convicted of an offence involving moral nirp1tude: (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 Board: (e) has, directly or indirectly by h.imsel f or by any partner, employer or employee, any share or intere&l, whether pecuniary or if any other nature, in any contract or employment with, by or on behalf of, the Board: or (t) is a Dircc1or, Secretary, Manager or other officer of any company, which has any share or interest in any contract or employment with, by or on behalf of, the Board : Provided thal .f person shall not be disqualified under clause (e) or clause (t) by reason only of his or the company of which he is a Director, Secretary. Manager or other officer having a sbare or interesl io (i) any sale, purchase, lease or exchange of immovable property or any agreement for the same ; .. ~rrn 01 6 /ii) any agreement for loan of money or any sccuncy for payment or money only: I litl am· newspaper in which an) adve1·tis..:ment rclatin~ to the alTa1rs ot the Boan.I is published: 11,) the L>cca~iunal sale 10 the Board. up LO a value not exceeding ten thousand rurwe~ in any one year. of a arucle in which he or the compan1 rcguiurly trades. ,11;.-.- .. 1 6. 11) The Chainnan. unless appnimed cx-ollicio. shall hold tltlice fo1 thrc:e m.:m- Vt:afS : Pro, ided that his term of office may be determined earlier by the State c;,wernmem. by noti Ii cation i11 the 0.{liciu! Gazetre t 2) The 'vlember-Sccretary shall hold orlice for such period as the State Go,·ernmem may by order specify. r 3) A person appoimeu as 111cmher under clause ( I) of sub-section ( l) vf secuon ..J. shall hold offtce for three year;; : Pro,1dcd that. he shall cease to be a mcmher (a) ii' he ceases It> be Lht: i.:lected he-ad of the local body conccrn..:d. or (b) if his term is determined earlier by lhe State Government by notification in the Official Ga::ene. (4) A person appointed as member under clause (g) of sub-section (JJ of section 4 ,hall hold office for three years : Provided that. his tenn of office may be Jetermined earlier by the State Govenunent by notification in the 0/Jh:ial Gaze//e. (5) The members shall be eligible for reappointment. (6) Any member may al any time resign his oft'ice by writing under 111s hand uddres$cd to lit<: Slat.: Government. and on such resignation being accepted, he shall be deemed to have vacated his office. 7. (I) The Chairman and the Member-Secretary shall be paid from the Other Board Fund such salary and allowances as may be fixed by the State ~,'.~,:;~:;.~' Government. m~mher~ (2) The mher members of the Board shall be paid such allowances as may he fixed by the State Government. (3) If any member is by infirmity oi: otherwise rendered temporarily incapable of carrying out his duties or is absent on leave in c ircuIJ1stances 1101 involving the vacat ion of his appointment, the State Government may appoint another person to officiate for him and to carry out his functions under this Act. D1squnli ftC;)tioa for 11.1rt1cipa· tion in pmcct:d ing~ ol tbdloa,d ,ir O>mm· tuce on ac<:ounL of intcresL 7 8. I I) The Bo:1rd may appoint ~uch officers o.nd ~ervams ~s ir considers ncccssar; for the efficient pe1for111ancc of it:s duties aad discharge nf its limctions against posts sanctioned by rhc State Government. (2) TI1c ret'mi1111cnt and the condit ions of sen ice of th~ officers and scn·,rnt;; or the Ooard sha I! be such as 11,a) he de term mcJ h1 rc~ubtion" 131 The Board ma~. with UL<.: prc,1uus .1pprnvul or 1he apprc,pnmc Ci,11 crnmcnt ,1ppui11L ;\ sc1-va nt nf 1hc L,'lllral (i11\'cmmcnt ,Jr the Slate l,ovcmmc;H :is an employee of the Goard 011 such terms :L11d condit1011s as it think~ fit. (4) <;ui>1cc:t Lo the supcri1ncndrncc of the llo.ird. chc rvkmha-Sccrcrnr, shall b~ the Chi et' lxccutin: OP1<:.er nf tltc Hoard 11 lw sh.ill ~up..:rvi.sc and control all it, ,ilfo:cr~ :md srrvalll, mduding ,111y officers ol (mvcrnmcm ,1ppo1mcd on <k pt11a11011 ro the H,,ard. •). \II pn>~c~ding, of the Board sh.ill be authl'.nll~ated by thl.' ,1gnaturc nl Lht: Ch.imnrn1 or ol any member atnhons~d by the: Chaimian ant.I all other ,,rders ,mJ instmmcms nf the Board ,hall be m1then1ica1cd h) the ~ignnturc ,,t I he Membcr-Sc:crctary or of any other officer of the Bo:ird as may b.: .tuthoriscd in this behalf b) regulat ions. Offtcess ;mJ ~n.:tn-l.' ,11 lht BoJ.rd: o.nd ti1..:ir n,'t"ff II m...-nl Jml .11n,h11>1n, ,1( M.'r', kt.: .-\ulL.:1111 , .. 1;:11:1 11! nraCJ$ t:t,;;, PI lltc l:h·.UJ. 111. I I) Th~ no~nl may invite any oflic~r or Govcmmen1 or local body or '" """'" d • I r • , . I • • • o; l11'h'l1l-othcr person to attcn lls mcc!mg fort 1c purpose 0 asstslmg ur ~uv1smg It '"""' nn anv matter (2) Such omccr or person $hall have right ro speak in. and 01hcrw1sc cake part m the proceedings or the Boan!. but shall nor be cnutlcd to VOLi.!. 11. SnbJecl 10 the provis ions of rhis Act. the Board may. by general or srecwl nrder. de legate cilhcr uncondnion3ll) or ,uhJcct to such condinons. including 1h.: condi1io11' of review by irsclt: as may be ~pce1ficd m tile orde1. to any co111m1ttcc appointed by it or tu the Chairman or lhe :Vlcmbcr Sccrctnry nr any other officer of' tl1e Bo;ird such uf its powers. duuc~ and functions under this Act as 1t deems fit. not being its powers. duues and functions under sections 42. 77 and 78. 12. ( l) Any member of the Board or of a commillee appointed by the Goard who (a) has :my share or interest o f'the nature described in clause (e) or dausc (f) of section 5 in respect oJ'any m,tlter. or (b) bas actc:d professional ly, m re lation to any maller on behalf of any person harn1g thcrcia auy such shar-e or 1mercsr &> aforesaid. shall not, notwithstanding anything contained in the proviso to section 5. vote or take part in any proceeclings (including any discuss1011 on any resolution or question) of the Board or commiHee thereof rclaLing to such matter. O!!l,:a: ctt.: Od~!,:,111011 of f'<lW',!"r>j . \.:t:-; not hl b..: 1m·;a. hd,utd by ,;1~anL'y l11fonn.:1 h1~ ~h;, Outic:i. 8 \2) If any member or the Board or of a Committee appointed by the Board has dirc.:tly or indirecrly any interest in any area in which 11 i$ proposed lO acqrnrc land for any of the purposes of this Act. he shall not take pan in any meeting of the Board or Committee lhereof in which any matter rciating to such land is considered. (]) Nothing 111 sub-section (I) or(!) shall prevent any member for the Board or Committs:c thereof from voting on. or taking part in the discussion ot: any reso lution or tJuestion relatrng LO any subject other than a suhjecr refcm~tl to in these sub-~ections . 13. No act done or proceedings taken untlcr this Ac1 hy 1he Board or a C'ommi11ee appointed by 1he Board shall be 111valida1cd merely on the ground of (a) any vacancy of a member or any defect 111 1he ccmstiturion or reconsti1u1ion of the 13oard or a committee thereof: or (b) ~ny defect or irrc.gulant) in the appo,nLmenr of a person as a membt:r of tl1c Board or of a Committee thereof: or (c) any defect or irregularity in such act or proceedings. not affecting the ,ubsu111cc. unJ 14. The du1iec; and funccions of the Board shall be as follows. namely : IUm;fo.h 01100 (a) to prepare, execme. promote and finance the schemes for supply of u,,arJ water and for sewerage and sewage disposal ; (b) to render all necessary scrv ices in regard to water supply and sewerage to the Staie Government anu. local bodies and on requesc to private institutions or individuals also. (c) to prepare draft State Plans for water supply, sewerage and drainage on the di rections of the Srn1e GovernmenL : ( d) co review and advise on the tan fl: lrJxes. fees. and charges of Watl!r supply and sewerage system;;. in 1he areas comprised within the spher;, of operation of the water supply and scw~rage services of the Board and 111 the areas of the local bodies which have entered mro an agreement with the Board: (e) to assess the requirements of materials and arrange for tJ1eir procuremenr and u1ilisation : (l) to establish State ,;tandards for water supply and sewerage services: (g) to revrew annually the technical financial. economic and other aspects of water supply and sewerage system of every scheme of !he Board or the local bodies which have enwred into an agreement with the Board : (h) to establish and maintain a facility to review and apprise the 1echnical. financial, economic and other pertinent aspects of every water supply and sewerage scheme in the Stare: (i) to operate, run and maintai.Ii any water works and sewerage system, if and wben directed by the State Government, on such terms and conditions antl for such period as may be specified by the State Government; • , li) to assess the requirements for man-power and training in relation to water supply and sewerage services in the State ; (k) to carry out applied research for efficient discharge of the duties anJ functions of the Board : (I\ to perfom1 $uch of the duties and functions , which arc being per formed by the Gujarat Public HeaLth Engineering Service. as may be specified;, from time to time. by the State Government : ( m) to perform and discharge such other duties and functions as arc allotteed to the Board under other provisions of this Act or as may be entrusted to it by the State Govemme111. 15. (I) The Board shall. subject to the other provisions of this Act. have power to do anything which may be necessary or expedient tor perfom1ing tts dutjcs and discharging its functions under this Act. (2} Without prejudice to the generality of the foregoing provisions. such powers sball include the power- · (a) to inspect all water supply and sewerage faci lities in the State by whomsoever they are operated : (b) to obtain such periodic or specific informat ion from any local body and operating agency as the Board may deem necessary ; (c) lo provide training for its own personnel as well as for employees of the local bodies ; ,. (d) to prepare and carry out schemes for water supply and sewerage: (e) to lay down the schedule of fees and other charges for all kinds of services rendered by the Board to the State Government, local bodies, institutions or individuals : (f) to enter into contract or agreement with any person or persons as !he Board may deem necessary; for performing its duties and discharging its functions under this Act : (g) to adopt its own budget annually ; (h) to approve tariffs for water supply and sewerage services applicable to the areas comprised witrun the sphere of operation of such services of the Board and within the jurisdiction of such local bodies as have entered into au a1,,rreemcnt with U1e Board ; Y-203-3 (i) to manage all its atfairs so as to provide the people of the an;a within its jurisdiction with wholesome water and. where feasible. efficient ~ewerage service : ' (j) to take such other measures, as may be necessary, to ensure water supply in times of any emergency; (kJ 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 l\fter reasonable notice in writing to the owner or occupier, into, through. over or under any building or laod: Powcrl of 1ho Board. 10 (I) co abstracc water from any natura l source and dispose of waste water ; (m) to raise. · borrow or secure money on sucll tem1s and conditions as may be expedjem. and in particular by way of loans and advances. deposits and issue of debenture, and obtain subventions or mongages from public institutions like the Lile lnsurance Corporacion of lnclia, Banks and any. imernational organizations or from the Stace and Central -:;overn meot, for drinking water supply and sewerage schemes or any other schemes tor improvement of sanitation; (n) to receive grants from the State Government. 1.he Central Government and the local bodies for water supply and sewerage or any other sanitation unprovenicnt schemes : (o) to repay installments of Joans and pay interesc on the rrincipal thereof tO the lenders as per mutually agreed lem1s and conditions ; (p) to advance loans ro the local bodies or Government for their water s upply and sewerage schemes on such terms and conditions as may be specified by the Board ; (q) to recover from the local bodies or Government principal and interest thereon in respect of loans advanced to them by the Board : (r) to incur such expenditure as the Board may deem necessary for perforn,ing its duties and functions under this Act ; (s) to i:xercise such other powers as are conferred on the Board under other provisions of this Act, Powers of 16, tl) Notwithstanding anything conta ined in any other law for the <he Bo,rd time being in force, the Board may give such directions tg any local to givo body. with regard to the implementation of any water supply or sewerage Jirccrions , and,ocall scheme financed by it under c lause (a) of section 14 as it thinks lit, 10, and such body shall be bound to comply with such di rections. rcrums, n.1ports. etc. (2) In case any local body is .aggrieved by any such directions or experiences any difficulty in C(?mplying with the same, it shall refer the maller to the State Government. whose decision thereon shall be final. (3) The Board shall have power to call for any return. statemem of accounts,, report, statistics or other information from any local body or other body or individual., which is required by it for 1.he exercise of it~ powers and performance and discharge of its duties and functions under this Act. and such body or individuaJ sh~U be bound to furnish ~uch mformation. :surcrvis- 17. The Board may include in the cost of anv scheme or work IOtl and . C h . h f . d - / ccntagc the exe<:utton or , un er execunon w ereo 1s un ertaken under clause 1 a) charges. of section 14, supervision · and centagc charges at such rate, not exceeding such limit as may be prescribed. as it may detem1ine under clause le) of sub-sect ion (2) of section 15. I Ve5:ung Jnd i-rnnsfor of property IQ the Ro~-1rd 11 CHAPTER ill TRAl\SFER OF ASSETS, LIAlllL!TIES AND EMPLOYl:il:S 01' l'I IE GUJARAT PUlll.lC HF.Al TH ENGINEF.RING SER'vlCE TO THE BOARD. 18. ( 1) From such di [forem dates as may be specified, from time lo time by the Sl.ilte Government (hereinafter i11 this section referred to as "the appomted date"). (a) the properties and assets (including water works. buildings. laboratories. stores. velucles. furniture's and other furnishings} specified in that behalf. which irruncdiatcly bcfo.-e me appointed date weri: vested in the State Government for the purposes of the Gujarat Public Health Engineering Service. shall vest in and stand lransfe1Tcd to the Board: and (b) the righrs. liabilities and obligarions of the State Government, whether aris ing out of any contract or otherwise, pertaining to the said Service shall be the rights, liabi lities and obliga1io11s of the Board. (2) Such propenies. assets. rights. liabi lities and obligations shall be valued in such manner as the State Government may determine. (3) Where immediately before the appointed da1e the Srn1c Government is a parry to any leg .al proceedings with respecr to any properties and assets transferred to the Board wider clause (a) of sub section (l) or with respect to any of the rights, liabilities or obligations which have become the rights. liabil ities or obligations ofthc Board, under clause (b) of sub-section (1). the Board shall be deemed to be substituted for the State Governmcm as a party to those proceedings and the proceeilings shall continue accordingly. 19. \1/here any doubt or dispute arises as to whether any property or asset Dec,s,onof h d . tl B d d . 18 . 1 1· b'J' . ihe Sm« as Vt!Ste m ie oar un er secuon , or any ng 11s, ta 1 1hes or Govcmmcni obligations have become the nghts. liabilities and obligations of the Board on ,he under that section such doubt or dispute shall be referred to the Stare vcsung oi G h d . . I JI b fi I r,,ope!'IV io ,overnmem. w osc ec1s1on s ia e ma . oc fmni. 20. (l) On and after the establishment of the Board, the State Government rransterot may, from time to time, direct that the services of such or the existing Govrmmrnt officers and servants of the State Governroem m the GuJarat Public Health cmplr,y,.,,, '" Engineering Scr,icc. who .in its opinion. are rendered surplus to its th " Uoord requirements, shall stand rerminatcd onci their posis shall stand abolished, from such date as may be specified by it (hcrcinaticr in this sectton referred to as "the appointed date") and shall 011 thar date (which may be different for different officers and servants) become the officers or servants of the Board. (2) Every permancm or temporary employee of the GuJarat Public Healtl1 Engineering Service in respect of whom a direction 1s issued under sub-section (i) shall, on and from the appointed date. be a pem1anent rempora.y employee of the Board. as the case may be against a pem1anent or temporary post, whic-h shall slli!1d created in the establishment of the Boifrd with effect from the appointed d11t~. . . XIV of 1947 12 (3) Any officer or servant so Lransferred shall hold his office under the Board on the same tenure, remuneration and other condition of servise and with the same rights and privileges as to pension, gratui ty. provident fund and other maners as he would have, held on lhe appointed date if this Act had not come imo force. until his employment under the Board is duly terminated or his remuneration on other condition;, of service are duly revised ·or altered by rhc Board in pursuance: of the law which 1hr the Lime being governs his conditions. or service: Provided that. the conditions or service applicable immediatdy before rhc appointed date to rhc case of any such oUi~er or servant shall no1 be varied to hii; disadvanragc. ~xccpt with the previous approval nf the State Government. (4) Any service rendered by such Government servants under the State Government shall be deemed to be service rendered under the Board. (5) The sums standing to the credit of rhe employees referred to in sub-,ectioo (I) in any pension. grat1.1iry. provident fund or other like limds constituted f'br them shal I be transferred by the State Government to the Board along with aoy accumulated interest due till the appointed date and with the account~ relat ing to such funds. (6) On and after the appointed date, the Board sball . to the exclusion of the State Government. be liable for payment of pension, provident fund. gratuity or other like sums as may be payable to employees referred to in sub section (i) at the apprnpriarc Lime in accordance with the conditions of their service. (7) Notwithstanding anythjng contained in the Industrial Disputes Act, 194 7, or in any olher law for the time being in force, the tnmsfer of services of any employee to the Board under sub-section (1) shall not entitle any such employee to any compensation under that Act or such other law and no such claim shall be entertained by any court, tribunal or authority. (8) {a) Nothing contained in sub-section ( I) shall apply to any employee who by notice in writing given to the State Govemment within two months from the appointed date or such extended time as the State Government may, by general or special order, specify, intimates his intention of nor hecouuug or continuing as au employee of the Board. (b) Where such notice is received from any employee {i) in case of a permanent employee, he )>hall be allowed 10 retire giving him the benefit of pension, gratuity, provident fund and other benefits accrued to him had he retired from the Government service on the appointed date : ,(ii) in case of a temporary employee, his services shall stand terminated after giving him notice or remuneration in lieu of notice as per the existing service rules of the State Government. (9) Notwithstanding anything contained m the foregoing sub-sections ) Vestmg ot CX,.1$.1111{; water supply and Sewernie serv,ces m the Board, Y-203-4 13 (a) no person employed m the Gujarat Public Health Engineering Service to whom any notice or order of termination of his services or compulsory retirement bas been issued before th<: date of commencement of" this /\et shall be transferred to the Board: (b) the tran~fer of a person .:mployed as aforesaid against whom any disciplinary proceeding is pending shall initially be provisional and the State Government shall review sucl1 transfer an.er the final order as a result of such disciplinary proceeding is passed 3nd thereafter pass such order as may appear to it to be appropriate in the circumstances of the ca,e; (c/ the disciplmary or oth<:r action in relation to any person referred to in cl,1Le;-: (a) or clal1se (h) may be taken after the date mentioned in clause (a/ in such rnanner and by ~uch authorny a, the Staie Govcrnmem may by general or special order specify Ln tlus behalf (d) if Lhe services of any employee of Lhe State Government stand transferred under sub-sccuon ( l l or ~ub-sec1ion (2) IO the Board. the Board shall be t:ompeLent after such transfer to take such disciplinary or other action as it thinks fit againsl or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the Stale Government ( I 0) (a) For 1he purpose of enabling the Board to discharge its functio11s and duties under this Act, it shall be lawful for the State Government to direct, by a general or special order. that such or officers of the State Government shall be posted under the Board for such period and subject Lo such conditions as may be specified in the order and accordingly the officers specified in the order shall be posted under the Board. (b) The pay and allowances of any oflicer posted in accordance with clause (a) under the Board shall. during the period of posting, be paid by the Board from its fund. CHAPTERIV TAKING OVER OF WATER SUPPLY A '\'D SEWERAGE S£RVICES FROM LOC,\.L BODY 'BY BOARD 21. {I) Notwithstanding anything contained 111 any law for the time being in force. the Board may at any time with the previous approval of tbe Stat<: Government. take over any existing water supply and sewerage services from a any local body for operation. and for maintenance, angmcmation or improvement and in such cases (a) al I tbe existing water supply and sewerage services, ~ewagc works and sewage farms. including, as the case may be, all plants, machineries, water-works, pumping stations, filter beds. water mains and public sewers in. along, over or under any public $trect, and all buildings, lands and other works, materials, stores and things appertaining thereto, belonging to or vested in 1hat local body : 14 (h) 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 otherv.1se repamng or maintaining. any such waier mains and sewers or any pipes and other appliances and linings connected with such water till pp I} and ,ewcrage scrqccs and sewage worb and sewage fam1s • and 1c-J oil rights. liabiliues and obl igauons of such local body rdaung to the things mentioned in clause. (a) and (b). including the right to rcco.~r an) .:ost or fees or chargcs relating 10 water supply and ~ewerage scrvic::s and also mclmling liabilities arising from any loans advanced by Gowrnrnem or any other person to the said local body for the thmg:, aforc.,aid. 01her thnn loans diverted 10 or utilised for purposes other than tho:.e r.:ferred to in clauses fa) and rb), shall. on such date as may be ~pccified by the State Government in the notilication. stand transferred to and vested in the Board ancl be subject to its control. (2) Snch properties, asscst~. rights. habiliues and obligallons shall he valued in such manner as the State Govenunem may determine ! 3) Where any doubt or dispute arises as to whether any property or-as~ct has vc~ted in the Board under sub-section ( I) or any rights. habilities,-or obligations have become the rights. liabilities or obligations of the Board under this section, such doubt or dispute shall be referred to the Stat.: Government. whose decision shall be linal and binding on the Board and th;: local body concerned. (4) For rnking over any properties or asscsts of the local body. the Board shall pay to that body such amount and on ~uch 1em1s and conditions as may be mutually agreed upon. In the absence of any such agreement, the State Government shall detem1ine the am<>unt 10 be paid to the local-body on the basis of the valuation made under sub-section (2) and after taking into consideration the statutory duty of the local body to provide water supply and $ewerage services. the grants received by the local lioci) from time t,1 umc. the ourstanchng loan liab1lmcs of 1he local body and such oth~- relevant fi11.:tors. The decision of the State Gownuncnt shall be final and bindm~· nn rhc parties. (5) Notw1thstanJmg anything contained m sub-section (4/ the nmount-payabk by thi: Board to the local body under that sub-sccuon may. at the option <>fthc Board. he tr,•atcd, wholly or partly. 10 be the grant or loan 10 the Board on such term~ and conditions :is the State Go,cmmcnt may sp~c1ty. • Hoard 10 22. In rcspcct of water works taken over from a local body by th<: .,,u,r.c IJourd. all dchts ,md obligat1ons mcurred. ali contracts entered into, .ill ,,hhgJr.ons r mailers and thm!!s enll'Jgcd to b.: done b). 1vuh or fo1 anv local hmh· rc;pe,-, uf . · " 1114111<."N l(l prior to taking o,er the W3ter works by the Board shall be llc,•mcd to have wh.d>1n:., been incurred . .:ntcred mto or engaged 10 be done b;-. with or tor the Boaw •ci •ppl1c, and al! ~mts or other legal proceedings instituted or which m gl.t, but for• ~:;.~·,~~en transfer and vcs11ng unJer sub-seet1nn (I) llf section 21. have hcen instituted, 0 •• ,, 1rorn or deti:ndcd by or against the local ~ody, may be continued or msurutcd or lu,ttl ~.sli<, dl·kndcd hy or against the Board. ' C fr tiJ .,n pn r.tt Powel'or local body ro cntru.,1 :my System formain tcruncca.nd operotion. lnvcs~ ug:uion ond pn:pa rnrion. 15 23. (I} NoLwithstanding anything comained rn section 21 or in the relevant local authority law for the time being in force, where the State Government is of opinion, in the case of any water works or sewerage system e>perated and run by a le>cal body in any area that the operation and managemem thereof should in public interest be taken over by the Board for a temporary period the State Government may by notification in the 0/ficiu/ G11::e11e. di rect the Board to rake over for the purpose of operatic,n and management such water works or sewerage system for s11ch pcnod not exceeding five year io the first instance. and on such tenns and conditions as may be spccitietl by the State Government in such notification and thereupon the local body concerned shall trans for sucb works or system to the Board and the Board shall take owr from the local body such works or system for the aforesicle purpose and for the period ,ll1d 011 lhe terms and conditions as <1forcsaid. (2) ll shall be lawful for the State Government to extend from time to time the penod specified lor the purpose of sub-section {I) in the case of any water works or sewerage system so however that such period in the aggregate does not exceed ten years. (3) The terms and conditions to be specified under sub-section ( l) may also include the tem1s a11d conditions relating to the restoration of the possession of the water works or sewerage system so taken overro the local body on the termination of the period specified under sub-section ( I ) or the period as extended under sub-section (2). (4) The taking over of any water works or sewerage system by the Board under sub-section ( 1) and the restoration thereof to the local body under sub-section (3) shall not prejudice any rights in respect of such works or system which any other person may be entitled by due process of law lo enforce against the local body or the Board, as the case may be. 24. Notwitbscanding anything contained ia the relevant local authority law for the rime being in force, it shall be lawfol for any local body to entrust to Board, for the purpose of maintenance, operation and running. any water supply scheme or sewerage system wholly or partly. upon such te1111s and conditions.as may be mutually agreed upon. CHAPTER V 1:-IVESTIGATIO.\, PRr.1',\RATtON AND EXECL'TION OF SC'HDfES BY TR 1.i Bo.-.RD 2:5. (I) The Board may. at the request of a local body, investigate the nature and type of a scheme that such local body may like to be under taken by the Board for providing water-supply and sewerage facilities in any area, having regard to the economical and other local ce>nditions of such area in all their aspects, w1dertake survey of such area and decide upon the feasi bility of preparing or implementing such scheme. T3-ktng over of ll:m poraty manage· ITI(!ntOf wmer wurk~ or "<wcrogc syst~m l,f lo1..o1I bs,dy by Bo.ml , Apprnvnl of scht:me by State Gov~m mc-m, Issue of (!r{lcr or . 1ppmval of <lr.1n .scheme. 16 (2) As soon as the i1westigation undertaken by the Board is completed with respect to any area and the Board considers it feasible to prepare or implemenl £he scheme, it shall give intimation of its decision to undertake such scheme to the local body under whose jwisdiction such area falls and prepare and implement scheme stating therein an estimate of the expenditure 1.hat is likely to be incwn:<l in regard to the sche111e and also the other salient. features 1.hcrcof. (3) The Board shall also prepare a detailed phased programme in the manner prescribed for the execution of the scheme and work out priorities wit.h the approval of the Government. (4) After the priorities have been worked out and approved by the State Government. the Board sha ll prepare a draft scheme consi~tent therewith. (5) The Board shall. in a meeting convene<l for the purpose. examine the dratl scheme in all its a$pec1s. A representative of Lhe local body concerned in the scheme. shall be invited to attend such meeting. Each such person may participale in the discussion and express his opinion about any aspect of the scheme. (6) ff the Board on a detailed examination is satisfied abouE the feasi bil ity of the draft scheme. it shall forward the $ame to the Slate Government for approva l. 26. As soon as may be after the submission of the draft scheme under sub section (6) of section 25, the State Goverrunent shall within such rime as may be prescribed, eitller approve the dra ft scheme or approve it with such modifications as it may consider necessary or return the same to the Board with directions to m,1di fy il or lo prepare a fresh draft scheme in accordance wi th such directions and 1hc Board shall accordingly modify or prepare a fresh draft scheme. as the case may be, and resubmit it to Lhe State Government. for approval. 27. { I) TI1e State Government may be an order, accord its approval to the draft scheme . (2) An order issued under sub-section({) shal l be conclusive evidence that the scheme has been duly made and approved. ll1c scheme shall therellpon become final and shall be called the "approved scheme". 28. It shall be the duty or the Board to exccu1c the approved the areas of the local body or local bodies concerned. scheme in Exco.·l,,i,,i, · of opprovcd i thcmi: b!f 1h1.: Board. 29. The cosl of inves1.igation, preparation and execution of any such scheme undertaken by the Board shall, be initially incurred by the Board out of its funds but it shall be recoverable from the concerned local body or local bodies in such manner and in such instalments as may be prescribed. £xplanatio11.- The cost relating to the investigation, preparation and execu tion or any scheme by the Board shall include all incidental expenses incurred by the Board io connection thercwitb. C'os1 of scheme. ~ I. ,f Y-203-5 30. A provide approved I I local body concerned with an approved scheme necessary assistance to the Board for the proper execution scheme within the territorial limits of such local body. shall o[the Local body to pn,l\ 1<l~ adcqumc fodl1L1t!!'< to Boord, 3 t. (I) When an approved scheme has been finally executed rransfcrof tm:iilv the Board. all works completed there under and the property appurtenant executed thereto shall be transferred to the local body concerned in such manner and scheme ot subject 10 such conditions as may be prescribed and ic shall chereafter be k,c,,I hody 1he reSponsibility of such local body to m,1inta in them (2) The local body shall levy such rates for water supply and ~ewerage a~ may be ~uggested m it by the Board. (3) [fa dispute ari ses as co the property which is to pass w a locaJ body along with the works executeu under a scheme, it shall be referred to the Staie Government for decision and such decision shall be final. CHAPTF.R VI CONTRACT. FINA1"CF., ACCOUNTS AND AUDIT 32. Every contract or assurance of property on behalf of the Board shall be E~c~u11on in writing and executed by such authority or officer and in such manner as ~~"'"'"' may be provided by regulations. bv board. 33. The Board shall establish a fund to be called "the Board Fund", which shall be deemed to be a local fund and to which shall be credited all moneys received by or 011 behalf of the Board, otherwise than by way of loans. Bonrd Fund 34. (I) The Board shall also cstablisb anotber fund to be called "the urn« Loan Fund". which shall also be deemed to be a local fond and to which ~~<ls or shall be credited all moneys received by or on behalf of the Board by way Board of loans. (2) The Board may, with the previous approval of the State Government, establish such other funds as may be necessary for the efficient performance of iB duties and discharge of its functions under this Act 35. The Board shall not, as far as practicable, and after taking credit for any grant or subvention from the S1ate Government under section 36 carry on its operat ions under this Act at a loss. General fll'IOC1ple:i for lh\! Board's lin:intC". 36. The State Government may, after appropriation duly made in this ?'"""""d b h If C • • k d b . h B d r· I ,ubvenuon< e a ,rom tune to tune, ma ·e grants an su ven11ons lO l e oar or l 1e 10 <he Boar<l purposes of th is Act on such terms and conditions as the State Government may detern1ine. 37. The State Government mav. from time to time. advance loans to the Loan 10 B d h d d .. - · . . t ' . h h . . f the Boll!d oar on sue tcnns an con 1tions. not tncons,s ent Wit t e prov1s1ons o che Act, as the State Government and the Board may agree upon. lni1i.-il "·,111Lrihu· 1i,..1n of Gu\C1'11 t'lll:m ro the lloard Fuu<l. Prnvcr to b-.>rrow .:'lmJ relilnd l8 After appropriation duly made in this behalf. the State Government may make an contribution to the Board Fund of mpces one crore or such lesser sum as it chinks fit. 38. After appropriation duly made in this behalf. the Scale Government 111ay conuibuuon make an initial contribution to rhe Board Fund ofrnpecs one crore or sucb lesser sum as it think~ Lit. 39. (I) The Board may, from time to time. with the previous sanction of the Seate Govcmrnent and subject tO the provisions of t\11s Ace and to ~uch condicions as Lhe State Government may. by general or special order. impose. bon·ow any moneys requ ired for tbc purposes of this Act by 111aki11g arrange ments with the Banks or other bodies or institutions approved by the State Government for this purpose. (2) The Board may advance any part of such borrowings to any local body for the perfonnance of its duties and discharge of its function5 re lating to water supply and sewerage services on such terms and conditions as the Board may determine. ~:~ 1;::~c 40. The Floard shall create a depreciation reserve and make annual prnvi~ion thercfor in accordance with such principles as may be prescribed. Govero 41. The Slate Government may rruarantee the repayment o r any loan and mcnc as -.J" guaramor paymem of interest on all or any of the loans given or transferred to the Board for the purposes of this Act. Accounl$ ~tnd audit. 42. (I) The Board shall, before the commencement of. and may at any t ime during, a financial year, prepare a statement or a supplementary statement, as the case may be, of the programmed of its activities during that year as well as a financial estimate in respect thereof and the same shall be submitted to the State Government in sue h form and by such dates as the State Government may, by general or special order. direct, for the previous approval of the State Government: Provided that. in the event of such previous approval not being received before the commencement 9f the financial year for which such financial staLernent has been submitted, the Board shall be entitled to expend on all accounts up to an amount not exceeding the amotrat approved for the corresponding period of the previous financial year and sucb amount shall not include any swn ~p~11l out of Lh<: grams and subventions during the said period. (2) The Board shall cause-fo be maintained such books of account and other books in relation to its accounts and prepare the balance sheet in such form and manner as the regulations may require. , (3) (a) The accow1ts of the Board shall be audited by such Auditor, in such manner and at such times. as the State Government may, by genera l or special order, direct. (bJ The Auditor so appointed shall have such powers of requiring the production of documents and the furnishing of information respecting such matters, and shal l have such powers in respect of disallowance and surcharge as may be prescribed. to~! uf water. Cos-1M dlSJJ<JSOI of WOS[I! water 19 (4i The accounts or the Board as certified by the Auditor together with the alldit report thereon sh211l be forwarded a11Dually to the Sulle Government. who may issue such directions to the Board a, it may deem fit and the Board shall comply with such dirccuon~. (5) The State Government shall cause the accounts of the Board to be published in such manner as it thinks fit. CHAPTER VU FF.ES A:-.'O CHARGES 43. ( I) The Board shall, by noti !tcatton in the O.{Jicial Gccette. fix the cost of water to be suppl ied according to volume, ru1d also the min.imum cost to be charged in respect of each connection. (2) The Board may, in lieu of charging the cost of waier according to volume, accept from any consumer a fixed sum for a specified period on the basis of expected consumption of water during that period. 44. (I) The Board shall, by notification in the Oj}icial Gazelle. lix the cost of disposal of warer aecord.ing to its vo lume (wbich may be such percentage of t'he volume of lOla/ water supplied to the consumer as may be prescri bed). and also the minimum cost to be charged in respect or such disposa l. (2) The Board may, in lieu of charging rhe cost of d.isposal of waste water according 10 the basis in sub-:section (i), accept from any consumer a fixed stun for a specified period on the basis of expected disposal or waste water during that period. 45. ( l) The Board may provide water meters and charge such rent for the meter as may be provided in the bye-laws. (2) The Board may charge foes for connection, disconnechon and re conneciion of any water supply or sewer or testing or supervision or for any other service rendered or work cx.ccutcd or supervised al such ra1es as may be provided by lbc bye-laws. Meler rent n.nd f~s fur SCCVICC'S. 46. TI1e Board may by bye-laws provide for requiring any consumers or Dcpo,,t<. class of consumers m depos it such sums as may be speciiied therein as securiry for prompt payment oi its dues and due perfom1ancc of the conditions subject to which services are rendered to them. It shall be lawful for the Board to recover its dues fi-om the amowu so deposited. 47. Any sum due to the Board on accoum of cost of water. cost of Reco"''Y d. I f c eh h . d 11 · of,um, 1sposa o waste water, meter rent, ,ees. arges or ot erw1se un er t 1s due to ,he Act. to the Board shall, without prejudice to. any other mode of recovery Board be recoverable as arrears of land revenue. f1rofob1 t1on of wast.age o f\vJtcr. 20 CHAPTER VITT WATfi:R SUPPl,Y 48. The supply of water for domestic purposes under Supply for any purpose. except the follo1, ing. namely : (a) for any lrade, manufacture or business . rhJ for gardens or for purposes or irrigation : Dtfirmi.Jn this Act means 0 , supplv nl \\ ,l\tr for Jl,mc,tu; p11rpo~cs. (c) fr>r building purposes. including construction of streets : (d) for fountains. swimming pools. public bath or tanks or for any orna mental or mechanical pm-poses; (e) for animals. where they arc kept lor sale or hi re or for lhe sale of their produce : (j) for the consumption and use at ~ restaurant or by inmates of a hotel. boarding house or residentia l c lub; lg! for the consumption and use by persons re~orting Lo theatres and cinemas : (h) for watering streets : or (i) for washing vehicles where they are kept for sale or hi re. 49. No person .shall, except in such circumstances or subject 10 such c~mditions as may be provided by the bye-laws. use or allow to be used water supplied by the Board for domestic purposes. for any other purpose. 50. l I) No person, other than a plwn ber licensed by the Board shall execute any work in respect of a wager co11J1cction nor being work of a trivia l nature and no person sh~II permit any such work lo be executed by a person other than a I icensed plumber. (2) When any work is executed in contravention of the provisions of subsection ( I), ,;uch work shall l;i:: liable to be dismantled at the discretion of the Board. Sl. (I) No owner or occupier of any premises LO which water is supplied by the Bo11rd 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 Board has reason to believe that as a result of defccl in a service pipe or tap or other fitting or work co11J1ccted therewich water is be ing wasted, the Board may. by written notice, require the consumer to repair and make good the defect within such time as may be specified in such notice. Water supply for domesuc purpc,~ :, n<.1l h-> he used for non domcsw: r>WJlO!:iC:.-, L1ren~1J Plumber. i Power 10 CUI Off wa1cr ~upply Y-203-6 21 (3) rr tiuch repair is not canied out within the time specified. the Board may. without prejudice to any action which may be taken against the consumer under any other provision of this A~t. cause such repair to be made. The cost or such repair shal l be realized from the consumer. 52. (I) The Board may cur off the water supply from any premi,es (aJ if any fee, rental. cosl of wa~c:r or any clu1rge or other sum due: under this Act. is not paid within a period of fifteen days after scn·1cc of a bill ·tor the same; or rh) if after the receipt of a written notice from the Board requiring him to refram from so doing. the consumer continues w use the water or 10 pcnnit the same to be used in contravemion of the provisions of this Act or any rules or regulation~ nr bye- laws; or (c) if the consumer d3mages or caust!S to be damaged the wmcr meter or any connection pipe or rerrule : ()r (d) iftbe consumer refuses to admit any officer or servant of the Board duly amhorizcd in this behalf into rhe premises which he proposes to emer for the purposes of executing any work or placing or removing any apparatus or of making any examination or inquiry connected with the water supply or prevents any such officer or servant from executing any work or placing or removing any appararus or making such examiiiation or inquiry: or (e) if the service pipe or any tap or other fitting or work connected therewith is found on examination by an officer or servant of the Board duly authorized in this behalf lo be out or repair LO such an extent as lO cause wastage or contamination of water and immediate prevention thereof is necessary ; or (/} i r the consumer causes or allows to be caused Ll1e service pipe or any rap or other fitting or work connected therewith LO be placed. removed. repaired or otherwise toterfered with, in contravemion or the provisions of this Act or rbe rules or regularions or bye-laws; or (g) if by reason of leakage in the service pipe or a11y tap or other fitting or work, damage is caused to a public street and immediate prevention thereof is necessary. (2) No ~ctton taken umlt:r or i11 pun;uance of this section shall rcli<!v<: a person from aoy penalty or liabil ity which he may have otherwise incurred. (3) l11c Board may rec01mect the supply of water disconnectd under sub-section (]) on paymcm of such cbarges and on such tenns and condi tions as may be provided by bye-laws. 22 P'(ol11lin1 on ot 53. (I) No person shall c~n.am other i1t.: lS. {u) wilfully obstruct any pcr.;on acting under the authority of the Board in scning c>ul the Imes of any Wl)rk or pull up or remove any pillar. post or stay fixed in the ground for tJ1e purpose of selling out the lines of su~h work. or de face or destroy any works made for the said purposes : or (bJ wiUully or negligently break, injure, tum on. open, close. shut off or otherwise mterfere with any lock. CQck, valve. pipe. meter or other work or appararns belonging to the Board: or (c) unlawfully obstruc1 the flow of or flush. draw off, or dive1t or take water from any water works belonging to the Board or any water course by which any such water is suppl ied: or (d) obsrrnct any officer or servam of the Board i11 the perfom1ance and discharge of his duties and functions under th is Chapter or refuse or wi llfully neglect to fumish him with means necessary for the making of any cmry. inspection, examination or inquiry there under in relation 10 any waterworks; or (eJ bathe in. at or upon any waterworks, or wash or throw or cause LO enter therein any animaJ or throw any rubbish, dirt or filtl1 into any waterworks, or wash or dean therein any cloth. wool, or leather or the skin of any animal. or cause water of any sink or drain or any steam engine or boiler or any other polluted water LO tum or be brought into any waterworks. or do any oilier act whereby the water in any water works belonging to the !3oard is fou led or likely to be foukd. (2) Nothing in clause {b) of sub-section (i) shall apply co a consumer closing the stop-cock fLxccl on the service pipe supplying water to his premise$ so long as be has obtained the consent of any other consumer whose supply be affected thereby. CHt\PTERLX 54. The owner or occupier or any premises shall be entitled to empty lbght .-,,· f tl · · f h B d ·d I th b c "'vncr or se,~fige o 1e premises mto a sewer o t e . oar . prov1 ec at. c1ore occupu,r 10 domg so he- ohu,in (a) obtains written permission of the Board and pays connection fee and other charge in accordance with the bye-laws; and (b) complies with such oilier conditions as may be provided by the bye-laws. sewer . ' to )ri. '· Prolubiu on or ei:rtll111 other acts. 23 55. Where any premises are, in the opLllLOll of the Board. withoLLI. Pow« sufficient means of effectual disposal of sewage and the sewer of the Board :~~~:\, is situated al a distam:e of not more than fifty meters from any part or the h•vc ,ewer premises. the Board may. by wrillen notice. require the owner of ths: said rnnn«11on premises to have sc:wer com1ect1on as provtded by bye-l;iws. 56. No person. shall. withoLLI pcnnission or the Board. make or cause to be made any connection or communicauon with any ~ewer of the Board. 57. No person shall. without the pennission or lht! Board. con,tru-:l any privmc street. building or ()!her structure on any sewer of'thc Board. ftrL1h1b1m,,n Il l CUJlll~I.! (11111 \lvdl stw\;r wtih o ut 1:enl:b· $11\0 Prohibni<!ll of (i"t(Nn11:. lh•TI nl p1 \ ,lh -..tr,t:t:I Ol bu1hhn¥1 vvi.:r s.cwl!'1 \\ 1thou1 i11.:r 58. The Board may. for the purpose of venti laung any sewer or ccss-pool. I',.''.'°"'"' ' tl B · ffi alfl\ sholl whether vested in 1e oard or not, erect upon any prcnuses or a x 10 the «, .. mr outstdc of any building, or to any tree. any shaft or pipes as may appear tn it ,cnnl:mon to be necessary. \,r -.l.!w.:1 u1 or ..:cv·, p1.,.:il 59. ( l) Where it appears to the Board Lhat there are reasonable grounds for r,,wer 10 believing that a private sewer or cess-pool is u1 such condition as to be ::~7~:." prejudicial to public health or to be a nuisance or that a private sewer com- <cwei ,., municating directly or indirectly with a sewer of the Board is so defecti vc as bc:licvcJ io d . b ·1 - h . I h B I . . be Jctcc· to a out su -soi water or .gnt or ot er maten a s. t e oarc may exarmnc Lts im. condition and for that purpose may apply any test, not being a test by water · under pressure, and ifit deems it necessary. open the ground. (2) ff on examination the sewer or cess-pool is l'otuid to be in proper condition. the Board shall, as soon as possible, reinstate any grow1d which bas been orcned by it and dctcnnine and pay compensation ior the damage caused by i l. 60. No person shall (a) wilfully obstruct any person acting under the authority of the Board under this chapter in setting out the lines of a11y works or pull up or remove any pillar, post or stay fixed in the ground for the purposes. of sening out lines of :,uch work or deface or destroy any works made for the said purposes; or (f>) wilfully or negligently break, injure. turn on. open, close, shut off or otherwise interfere with any lock. valve, pipe or other w,irks or apparatus belongmg to the Board and per1air1ing to its duties and functions under this Chapter; or (c) unlawful ly obstruct the flow or, or flush. draw off or diven or take. sewage from any works belonging t.o the Board; or (d) obstruct any officer or servant of the Board in discharg~ or his duties tuider this Chapter or refuse or wilfully neglect to furnish him ,,~th the means necessary for the making of any entry. inspection, examination, inquiry there under in relation to any sewage works. Powt."r .:ii entry '.--Uf"\'C\ l\'lwcr 10 Ji.sinfc-.:1 wnks, Jmc,b anti ,vcUs~ Gi;ncrnl penalty. 24 61. ( I J Any officer or servant of the Board ,H1thori:r.ed by it in that behalf may wirh \lr without assistants or workman, enter inlo or upon any premises in order (u! m make any inspection. survey. measurement, valuation or mqu.1ry: lh) to tak~ levels; le) to dig or bore into the sub-soil: /t/J to set out the bounda ries and the mlendcd lines of work. (I!) to mark such levels. boundaries and lines by placing marks and cutting trenches: or {/) ro dn any other thing necessary for the purposes of this Act or any rules o r rcgulauons or bye-laws : Provided that. in exercising Lhe powers under 1his sub-section due regard shall be paid by the officer or servant of the Board concerned lO the soc,al and rel igious custom:; of the occupan ts of the premises. (2) When any person i~ e11titlcd to cmer iota or upon any premises in exercise of the powers under sulb-sectioo (I) he may also emcr in similar manner 11110 or upon a11y adj oin ing premises for any work authorized by or under this Act or for the purpose of dcposiung there in. any soil, grind stone or other materials or for obtaining access to such work or for any other purpose coonected with the execmion of the same. (3) It shall be lawful for any authorized officer or servant to make any entry into any place to open or cause to be opened any door. gate o r other barricr (a) if he considers the opening thereof necessary for rhe purpose of such entry; and (b) if the owner or occupier is absent or being present refuses to open such door. gate or barrier. 62. A11y officer or servant autl1(}ri7.ed by lhe Board iu that behalf may have any tank, pc1ol or wel I. cleaned <>r disinfected after notice 10 the owner or occupier. if a.i1y. when it appears that such c leaning or disinfection wilt prevent or check the sprt:ad of any dangerous disease. The cos1 of cle:ining or disi11fcc1ion shall be recovcrahle by the Board from the owner or occupier of such tank. pool or well. CHAPTERX PENALTIES AND PR.OCEOURE 63. Whoever contravenes a11y o r the provision:; of this Act or of any rule or by-law or fails to cornpl y with any not ice. o rder or requisitio11 issued wider th is Act o r any rule o r bye- law, shall, on conviction, be punished with line which may extend to one thousand rupees. and wi th further fine which may extend to fifty rupees for every day on which such comravention or failure continues a tle r the first conviction. p • t • " \I I\ n, C· ini o( \'-. 25 Cogni zance of oflenct, 64. No cour1 shall take cognizance of any offence under this Act, except on the complaint of the Board made within six months after the commission of the offence. Offi,-o:,; by companies, 65. (I) Where an orfcnce lUlder this Act has been committed by a company. every person who at the time the offence wa:; committed. was responsible 10 the Compar1y for the conduct of its bus111e~s as well as the company, sha ll be deemed 10 be gui l[)' of the offence and $hall be liable to be proceeded against and punished accordingly : Powcrto IUl"eStperson QOfTITTlilting an o lfoncc ,,. and n.:fu.•,:mg. to give =~nd add=. Compound mgQf oiTe:rice Y-203-7 Provided 1ha1. nothing contained in this sub-section shall render any such person liable 10 any punishment, if hi: proves that 1hc offence was committed without 111s knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything ccmtained in sub-section (i) where any offence under this Act has been conunittcd by a company and it is proved that cht offence has been commilted with the consent or connivance of, or is attributable to any neglecc on the part of any director. manager. secreta ry or other ofiicer of the company, such direcLOr. manager, secretary or other officer shall also be deemed to be gui lt)' of that offence and shall he liable 10 be proceeded against and punished accordingly. Explwwrion.-For the purposes of this section (a) 'company' means any body corporate and includes a firm or other associ~tion ll f irtdividuals, and (b) 'director', m relation to a firm means a partner in the finn . 66. It shall be lawful for any officer of the Board authorised by it in this behalf to arrest and h,md over to the officer in charge of the nearest police station any person who commits or is suspected to h-ave committed an offence punishable wtdcr section 63 and who on demand refuses to give his true name and address or where there is reason to bel ieve that the name or address given by him is not correct. Such police officer shall adopt such legal measures as may be necessary to cJuse that person to be taken before a Magistrate with the least possibh: de la). 67. ( I J The Membcr-Sccretnry or any other officer of' the Board authorised by it by general or special order in that behalf may. either before or aticr the institution of proceedings ror any offence punishable under this Act.. accept from any person charged with such offence by way of composition of the offence a sum nor exceeding two thousand rupees, as he th inks proper. t2) On payment of such sum. no further proceeding, $hall be taken against the said person i11 respect of the same oliencc. l)Jr('o;;tll)il.'! to 1hl! no.'lrd on <JU-.:-:mon:-. or pvli.;y Annual r~p~irt. st.tt1st ics:, return~ :rnd Other mlf\r m .. 1ttl•ll I:) the Board. 26 • CHAPTER XJ EXTERNAL CONTROL 68. (I) In the perfonnance of its duti.:s and discharge of its functions. 1hc Ooard shall be guided by such directions on questions of policy as may be given lo it. from time to time, by the State Government. in writing. (2) If any quesuon arises whether any mauer is or is not a marter as respects which the State Government may issue a direclion under sub-section (i), the decision of' the State Government shall be final. 69. ( 1) The Board shal l. as soon as may be after the end or each fotancial year. prepare and submit to the State Government before such date and 111 such form as 1he State Government may direct. a report giv ing an account of its activities during the previous financial year, and the report shaJI also give an account of the activit ies. if any. which are likely to be undertaken by the Board in the next financial year. The State Government shall cause every such report to be I-aid before the State Legislature. as soon as may be after il is rccei ved by the State Government, (2) The Board shall also furnish ro the State Governmcm at such times anti in such form and manner as the State Government may direct such statistics and rcturn..5 and such particulars in regard lo any proposed or existing activities of the Board or any other matter under the control of tl1e Board as the State Government may. From time to time, require. CHAPTER XJI MtSCELLAN"EOUS Exocuuon 70, The provisions of this Act in so far as they are applicable in relation to of COOtnlCIS • l .t. ~ hv (l d any water supply sc 1emc or sewerage system "''all. so ,ar as may be. , oar • be applicable to any part of such scheme or system. 11<.iard to emrust ii;s powers and duti<!s {(),I conumuee l!'lC, Explanation. - For the purpose of this section. "part" .means (i} in relation to a water supply scheme, the pan of such scbemc from the main source o f water supply up to high level reservoir. (both inclusive). and ' (ii) in relation to sewerage system, the part of the system from the main pumping station up to treatment works and works for disposal of effluent ( all inclusive). 71. If in the opinion of the Board, local conditions so require and it 1s considered by it necessary or expedient in the interests of the efficiency and improvement of water supply or sewerage services in any area, the Board may, by general or special order, entrust. unconditionally or subject to such conditions as may be specified by it in the order or upon such terms and conditions as may be murually agreed upon, to a committee or other body appointed by it or to any officer or authority exercising any powers or performing any functions in relation to sucb area under any law for the time being in force in that area, such of its powers and duties under this Act, as it may deem fit, in relation to any water supply scheme or sewerage system in such area. ' 27 Power of Govaunk'nl 72. ff the State Government is of opinion that it is in the public intcre~t that tn,ssue the Board a11d other local bodies having Jurisdiction over eontiguoui; area Jircction,; h d · · fom,- ~ oul co-ordinate their ac11vit1cs in relation to water supply services or or<lmai,on sewerage facilities or both. it may issue such directions to the Board and the or •am1..-s other local bodies concerned as it may think lit a11d it shall be the duty ol' !lf 8"'"d h B d d I ,nJ 1°""1 t e oar an such local bodies to comp y with such d1rec11ons. bodies. Duty ol local hodtcs co 11ssisL General power 10 pa) compen~ .s.,uon • Pro1e-c1 K)ft for net~ done,n good fouh 73. (I} All local bodies shall render such help and assistance and furnish ,uch informaucm to the Board and·s:ha ll make available for the inspection and exarninauon ,,f ( and if necessary, prcparat1on of copies from ) such records. map$. plans. and other documents as 1he 13oard may require to perform and discharge 11$ duties and functions under this Act. (2) Without preju<li ce to the provisions of sub-section (1) every local body shall on demand make available 10 the Board on payment of reasonable Ices ccnilied c(ipies or ex1rac1~ from assessment listS and other rele,ant documents ii, conneclion wi1h assessment of annual value of premises and levy of ta:-;es, fees and charges. {3) Without prejudice to other provisions oi 1his Act and not with s1anding anything contained in any other law for the time being m force under which any local body is constituted, the State Government may give 10 any local body ,uch directions as in i1s opinion may be necessary or expedient for enabling the Board to perform 11s duties and discharge iL~ functions under this Act, and thereupon it shall be the duty of the local body to comply with such directions. 74. In any case not otherwise expressly provided for in this Ac1. the Uoard may pay reasonable amount as compen$3tion to any person who sustains damage by reason of the exercise of any power vested by or under this Act in Board. 75. No suit. prosecution or other legal proceedings shall lie against the State Government, the Board or the members or any officer or servant of the Slate Government or of the Board for anything which is m good faith done or purported or intended to be done m pursuance of this Acl or any ru les, regulations or bye-laws. CHAPTER XIII Ri;u:s, R.EGULATIO:-JS A1'D BYE-LA WS. 76. (I) The power 10 make rules under this Act shall he exercisable by Rules. the State Government by notification in the Official Gazelle. (2) Without prejudice to any power to make mlcs contained elsewhere in th is Act, the State Government may make rules consistent with tllis Act to carry out the purposes of this Act. (3) All rules made under tllis Act shall be subject to the condition of previous publication . 28 (4) All rules made under this section shall be laid for not less than thmy days before the State Legislature as soon as may be after they are made anti shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which tbey are so laid or rbe session immediately follow ing. (5) J y rescission or modification so made by the State Legislature shall be published i11 th.e Official Gazette, and shall thereupon take effect. R<'j!ululion, 77. (I) The Board may. with the previous approval of tl1e Siate Govemmem, make regulations consistent with this Act and the rule~, for the administration of its affairs. 12) Without prejudice to the generality of the foregoing power. such rel:,ru lations may provide for al l or any of the following matters, namely : (a) the summooing and holding of meetings of 1he Board and of the commiuces appoimcd by i1, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of persons necessary co fo!lTI a quonun thereat ; (bi the recruitment and the salaries and allowance,; and other condiLion~ of service of employees or the Board : (c) the powers and duties of the employees of the Board ; {d) the management of the property of the Board: (e) the execution of contracts and assurances of property on behalf of the JJoard and authentication of orders and instruments of the Board ; (/} the limits up to whiclt the Member-Secretary shall be competent to incur recurring or non-recurring expenditure in any financial year: (g) the maintenance of aocouots and the preparation of balance sheet by the Board (hj the procedure for carrying out the duties and functions of the Board under tlus Act ; (i) any other matier for which provision is 10 be or may be made by regulations. (3) Until any regulations are made by the Board under sub-section ( l), any regulations which may be made by the Stare Government. and any regularions so made may be altered or rescinded by the Board in exercise of its power under sub-secrion (I), nyo-tows 78. (I) The Board may, wiih 1he previous approval of the State Govern ment, make bye-laws consis1cnt with this Act and the rules, for carrying ollt thc purposes of this Act in respect of any maLter affecting the general public. (2) Without prejudice co the genemlizy of the foregoing power, such bye-laws may provide for all or any of the following mailers, namely: 29 (a) the terms and conditions for supply of water for domestic or other purposes : (b) the installation of mete,s or the transfer uf their connectilHL and their use, maintenance. testing, disconnect.ion and reconnection. the fees. rent and oihcr charges in respect thereof. including the furnishing of secu1ity by the consumer and matters connected therewith: (c) the fees. rent and other charges to be paid for connection with a sewer ,Jf the Board and other L~m1s and conditions ror such co11ncctio11s : (d) any other fee~ ancl charges to be paid Ln the Board for service m the consumers ; (e) any other matter l(1r which provision is to be or may be made by bye-laws. GUJARAT ACT No. 26 OF 1980 (First published after having re-ce1ved the assent of the Governor in Lhe "G11jara1 Gm•emmelll Gazelle"" on the 22nd October. l 980). An Act 10 amend 1he Gujaral W(l{er Supp~l' brand Sewerage Board .-tc:1. 1978.for cerwi11 purposes. It is he<1reby enacted in the Thirily-lirsL Year of the Republic of India as follows: Shon It is hereby enacted m the Thirty-First Year of the Republic of India 1111c. as follows : 1. Thi~ Act may be called the Gujarat Water Supply and Sewerage Board ( Amendment) Act, 1980. Guj ts 2. In the Gujarat Water Supply and Sewerage Board Act, 1978, ( herein- Amend of JY79 after referred to as "the principal Act" ) in section 8. for sub-section mcnt of Amend men1 of SCt:IIOTI 11 of Guj. 18 of 1979. Y-203-8 (I), the follow ing sub-section shall be substituted, namely :- :~~;'~'~ ':r 1979. "(I) (a) The Board may appoint SLLch officers and servants as it consider necessary for the efficient discharge of its duties and performance of its functions against any posis ( not being post referred to in clause (b) sanctioned by it. (b) The Board shall not appoint any officers and servants whose maxi mum monthly salary exclusive of allowances exceeds sixteen hundred iupecs per month, unless pose~ for such officers and servams arc sanctioned by the State Govemment. 3. In the principal Act, in section- l l, for the words "Subject to the provisions of this Act", the words "Subject to the provisions of this Act and any general or special order made by the Stale Government in this behal r shall be substituted. 30 Amend ment of 4. 1n the principal Act, in section 25: jccuon : 5 t.>f Gu1 I~ •>r 191~,. Ueleccion of s~chon 26 ofUu,1. l~of 1979, Sub~titu uon of :i:e.:1,on 27 ofGuJ. 18 ofl979. Approved scheme Substitu tion of secuon 28 of GuJ. 18 of 1979. ( I ) in sub-section (i), for the words "ar rhe request of a local body" the words "on the direction of the State Govcrnmeni or, as the case may be. a l the request of a local body. institution or individual" shall be substitu ted : (2) in sub-scc1ion (2), l'or the words "to the local body" rhe words "to the State Government, local body. insriturion or. as the case may be, individual" shall be substituted : (3) after sub-section (2). the following sub-section shall be inserted. namely : "(2A) The Board shall forward the preliminary scheme ro the State Government, local body, institution or. as the case may be, individual for approva l."; (4) in sub-section (3), for the words "The Board shall also prepare" the words "Where the preliminary scheme is approved by the State Government. local body, institl1Lion or, as Lhe case may be, indiv idual. Lhe Board shall prepare" shall be substituted ; (5) in sub-section ( 5). for the words "the local body concerned" the words "the State Government. local body or institution concerned or. as Lhe case may be. the individual concerned" shall be substin:Jted ; (6) for sub-section (6). rhc following sub-section shall be substiLuted. namely: "(6) If the Board on a .detailed examination is sat is lied about the feasibility of 1.he draft scheme iL may, by a re$olution passed by it approve the draft scheme, having regard to such restrictions as to the expenditure to be incurred for providing water supply and sewerage faci lities as may be imposed by the State Govcnui1cnt by a general or special order made in that behalf.". 5. In the pri nc ipal Act, section-26 sltall be deleted. 6. In the principal Act, for seciion-27, the following ~ection ~ubstitutcd. namely: "27. The reso lution passed by the Board under sub-section (6) of section 25 approving the scheme shall be conclusive evidence of 1he scheme having been duly made and approved and on such approval the scheme shal l become fina l and be called "the approved scheme". 7. [n the principal Act, for section-28, the following section shall substituted namely : Execution of1hc approved scheme by the Boord SubMitu uon of sec1ion 29 of GuJ 18 of l97Q Amend· mt.'11l of section 3 ofGuj. 18 of 1979. Ame.nd m-en1 uf~liut, 31 ofGuj. l8of 1979. 31 ''28. lL shall be the duty of the Board to t:xecutc the approved scheme-subject to the priorities approved by the State Government under sub-section (4) of scction-25 : Provided that the Board shall not undertake execution of an approved scheme mtless a contrnct is made 111 that behalf between the Board and the State G,wcrnmcot, local body. in~titution or. as the case rnay be. ind ividual. specifying among other things the approved scheme and the terms and conditions for il.'i execution by tbe Board." 8. ln the pnncipal Act. for section-29. the lollowing section shal l be substituted. namely : "29. The cost of investigation. prepararion and execution of any such scheme undertaken by the Board shall he recoverable from the State-Government, local body, institmion or. as rhe case may he, ind ividua l an such nwnner and in such installments as specified in the contract rcterrcd to in section-2$. £xp/c111a1in11. - The cost re lating 10 the investiga tion. preparation and execution of any scheme by Lhe Board sha ll include all incidental expenses incurred by the Board in connection therewith.". 9. ln the principal Act, in sccttion-30. ( I) for the words "A loca l body concerned" the words "The S1atc Govemmen1. local body. instih.rrion or ind ividual concerned" shall be substih.1ted : (2) for the words "within the territorial limits of such local body" the words "within the area of jurisdicLion of the State Government. local body, institution or individual "shall be substiruted : (3) for the existing marginal note, the follow ing margina l note shall be substituted, namely : "Adequate facilities to be provided to the Board". 10. lo 1!1e principal Act, in section 31. ( I) in sub-section (I). (a) for the words "to the local body concerned" the words "to the State Government. local body. institution or individual concerned" shall be substituted; (b) for the words "such local body" Lhe words "the State Government or such local body, institution or, as the case may be, individual" shall be substitult!d; (2) in ,uh-section (3). for the words "local body" the words "local body. institution or indiv idual " shall be substi tuted; (3) in the margina l note. the words "to local body" shall be deleted. ' llom L\ ,}l I t>-l9 32 I I. In the principal Act, in sc.ction-39. after Sub-section (2) .the following Sub-section shall be added, namely "(3) Notwithstanding tJiat this Act does not extend to Cities and not withstanding any th ing contained in sub-section {I J, the Board may from mnc ro time ac the request of the Municipal Corporation of a City. cons lltutcd under th(: Bombay Provincial viunicipal Corporallons Act. [949 and "ith the previous sanction or the State Gov.cmment and subject lO such :ondinons :.is the State Govemt11e11t may, by general or special order. impose. borrow any moneys required by che :Vlunicipal Corpora tion for any ~cheme for prov1d111g water supply anti sewerage facil ities undertaken by tl\at Corporauon. hy making arnmgement with the banks or other bodies or instmuions approved by the State Government lbr this purpose. and a<lvance the moneys ~o borrower.I 10 the Corpora tion for the purpose of such scheme. on such terms and conditions as maybe approved by the Stace G<wemmenr.". 12. In the principal Act. 111 sect ion 73 (I) in sub-section (I). lor the words "All words "The State Government, local hody. may be, individual $hall in relation to scheme" shall be ~ubstituted: local bodies shall'' the institution or. Lb or his as the case approved (2) for the existing marginal note, the following marginal note shal l he substituted, namely : " Ass1st.ance to Board". !3. In the Principal AcL, in Section-4 in sub-section (I).for clause (g) the following clause shal l be substinm:d namely: "(g) four members co be appointed by the State Government, From among~, persons who arc expertS in economics or development platrning and .:nginccring and out of such members on.: shall be a woman.". Government Centrnl Press. Gandhinagar. :\m~111.lmcn1 ofS<;ction·39 o( Gu),! :-t ol l<l"'I), \m~ntlmi:r1! OI S<.'1:1!011-":'l, oftiu1 IX Ol 107~, Am.:11tlmcn1 of -it:CU{'n--l of(juJ.lf-1 t1 I 197')