Kerala Water and Waste Water Ordinance, 1984 (Ordinance No. 102)

Reg. No,ltLfTV(N)/12 KERALA GAZETTE EXTRAORDINARY PUBliSHED BY AUTHORITY 3rd December 1984· Vol. XXIX] Trivandrum, Monday, -- [No. 1049 12th Agrahayan~ 1906 GOVERNMENT OF KERALA Law (Legislation-C) Department NOTIFICATION No. I0540/Leg. C2/84/Law. Dated, Triuandrum; 3rd December, 1984/ 12th Agrahayana, 1906. The following Ordinance promulgated by the Governor on the 3rd day of December, 1984, is hereby published for general information.• By order of the Governor, .P. P. MATHAI~ Spec£alSecreiarv (Law). PRIN'l'ED AND PUBLmHED BY raa s, G. P. AT THE aOVilRNMENT PfG$S, ~~lia4. 33/4926/MC tHE KEAALA wA'h:'H. :\f'm \VASTE WATER. ORDtNANCE, i984 Arraupment of nctJon. PREAMBLE CHAPTER PRELIMINARY &c~ia7lS: I. Short title, extent and commencement ?. Definitions . CRAPTU II ESTABLISHMENT, CONDUCT OF BUSINESS, FUNCTIONS AND POWERS OF THE AUTHORITY j. Establishment of Kerala Water and Waste Water Authority 4. Constitution of the Authority 5. Disqualification for being .member 6. Term of office of Managing Director and non-official members 7. Remuneration of Managing Director and filling up of vacancies B. Appointment ofofficers and staff 9. Supervision and control of employees I". Authentication of orders and other instruments of the Authority 1l. Delegation of powers n. Disqualification for participation in the proceedings 01 the Autho rity on account of interest 13. Acts' not to be invalidated by irregularity, vacancy etc U. Functions of the Authority 15. Powers of the Authority UHAPTER III VESTING OF PROPERTIES, ASSETS,LIAllILlTIES AND OBLIGATIONS AND TRANSFER OF EMPLOYEES 16. Vesting of property in Authority 17. Decision of Govenunen t on the vesting of property to be final 18. Vesting of existing Water supply and sewerage services under local bodies 19. Transfer of employees to the Authority 20. Transfer of employees of;local bodies to the Authority CH.A.PntaIV PROPERTY. CONTRACT, FINANCE, ACCOUNTS AND AUDIT SAclioJlS: 21.. Execution and registration of contraetll· ete, 22. Funds of Authority 23. General p.mciples for the Authority's finance 24. - Grants, subventions etc., to the Authority 25.. Power of Authority to borrow 26. Depreciation Reserve 27. GUarantee for 10~Jl,S 28. Estimates of income and expenditure 29.· Accounts and Audit SO. Surcharge CHAP'rER. V TAXES. FEES AND CHARGES 31. Payment of contribution by local bodies 32. Cost of water 33. . Cost of collection-and disposal of waste water 34. Meter rent 35. Security deposit' 36. Fees 37. Recovery of taxes and other sums due CHAPTER VI WATER SUPPLY. 38. Definition of supply of water for domestic purposes 39. Supply ofwater by the Authority 40. Water supply for domestic purposes not to be used for non-domestio purposes 41. Provision of fire hydrants 42. Provision of water meters 43. Licensed plumbers 44. Prohibition of wastageof water 45. Power to cutoff water supply 46. Prohibition of certain acts iv CHAPTER VII .SEWERAGE Sectiott.!: 47.' Right of owner or occupier to obtain sewer connection 48 Power to require owner to have sewer connection 49. Prohibit ion of connection with sewer ,50. Prohibition of construction .of buildings etc., over sewer 51. Power to affix shaft etc" for ventilation of sewer or cess-pool 52. Power to examine and test sewer etc., believed to be defective CHAPTER VIII GENERAL PROVISIONS 53. Power of entry, survey, inspection etc. 54. Power to disinfect tanks, pools,' wells 55. Directions by the (iovemment 56. Annual report, statistics and returns 57. Duty of local bodies to assist 58. Protection of acts done in good faith 59.· Members, officers and servants of the Authority to be public servants CHAPTER IX PENALTIES AND PROCEDURE 60. General penalty 61. Offences by companies, 62. Power to arrest person refusing to give his name and address 63. Composition of offences . 64. Duties of police officers and employees of local bodies CHAPTER X RULES, REGULATIONS AND BYE-LAWS 65. Power to make rules 66. Regulations CHAPTER XI TRA1\'SITORY PROVISIONS AND REPEAL tj"l. Transitory provisions . 68. Exclusion of powers of local bodies under certain enactment, 6!). Amendmen t of Act 15 of 1971 70. Removal of difficulties 71. Repeal and saving ORDINANCE No. 102 OF 1984 THE KERALAWATER AND WASTEWATER ORDINANCE, 19M Promulgated by the Governor of Kerala in the Thirty-fifth Year of thi '.:~ublic of India, AN ORDINANCE to proviU for tM establishmmt of an autonomous authority for tM tkv~lopment and regulation of water supply and tuaste water collection and disposal in tM State of Kerala andfor matters connected therewith. Preamble.-WHEREAS the 1<.erala Water and Waste Water Ordinance, 1984 (14 of 1984), was promulgated by the Governor of Kerala on the Ist day ofFebruary, 19M; AND 'WHEREAS i mn to replace the said Ordinance by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 2nd day of March, 1984 and ended on the 27th day of March, 1984; AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Kerala Water and Waste ..Water.Ordinance, 1984.(39 of 1984), was promulgated by the Governor of Kerala on the 13th day of April, 1984; AND WHEREAS a Bill \0 replace Ordinance :19 of 1984 by an 'Act of the Legislature could not be 'introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the lRth day of Tune. 1984 and ended on thc 27th dav of [ulv. 1984: A \lD WHEREAS in order to keep alive the provisions of Ordinance 39 of 1984, the Kerala Water and Waste Water Ordinance, 1984 (60 of 1984), was promulgatedby the Governor of Kerala on the 30th day of July, 1984; AND WHEREAS a Bill to replace Ordinance 60 of l<JM by an Act of the Legislature could.not be introducedin, and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 22nd day of October, 1984 and ended on the 5th day of November, 1984;' AND ',VT1EREAS under sub-clause (a) of cia me (2) of article" 213 of the Cons titution of India, Ordinance 60 of 1984 w;): cease to operate on the 3rd day ot D..cember, 1984; AND WHEREAS difllculties will arise if the provilioDS of that Ordinance are not kept alive; AND WHEHEAS the Legislative Assembly of the State of Kerala il not in session and the Governor of Kerala is satisfied that circumstance! exiu which render it neeessary for him to take immediate action; AND \VHEREAS instructions from the President have been obtained in puruiauee of the proviso to clause (1) of article 213 of the Constitutioa ef India; NOW, THEREFORE, in exercise of the powers conferred by clause (I) of article 213 of the Constitution of I ndia, the Governor of Kerala is pleased to promulgate the following Ordinance: CUAM"ER I PRELIMINARY I . Short title, rxtrnt and commtnumtnt.-( I) This Ordinance may he called the Kerala .Water and Wa~te Water Ordinance, 1984. (2) It extends to the whole .of the State of Kerala, (3) It shall be deemed to have come into force on the 1st day of March, 1984. 2. '. Dtfinitions.-In this Ordinance, unless the context otherwise requires, (i) "Authority'" means the Kerala Water and..Waste Water Authority constituted under section 3; (ii) "cess-pool" includes a settlement tank or other tank to receive or dispose of foul matters from any premises] '(iii) "Chairman" means' the Chairman- of the Authority I (iv) "communication pipe" means any pipe or system of pipes along with all fittings thereto, by means of which water is supplied to any premises from the main and includes a connection pipe, service pipe, meter or other fittings ; (v) "connection pipe" means any water pipe from' a ferrule to stop cock connecting the distribution main with the service pipe; (vi) "consumer" means any person getting the benefit of any water tupp]yor waste water service from the Authority; (vii) "domestic sewage" means waste water from allY residence, boarding or ]odrng-house, hostel, hotel, public place, office or any such establishment a, IS not a part of any trade or industry and arising out of per sonal and normal ihuman- activities such a, drinking, bathing, ablution, w~ and cooking; (vUi) "drain" means every part of any conduit laid through, under or above a street, way or land whether public or private by:'or at the expense of the owner or occupier of any premises for the carriage therefrom of any waite water to any sewer; ~x) "ferrule" means a ferrule connecting the connection pipe with the main; (x) "local area" means the area falling within the jurisdiction of a local body ; (xi) "local body" means a city corporation, a municipal council. , ~hip or~a panchayat: . (xii) "main" means a pipe laid by the Authority for the purpose or giving a general supply of water as distinct from a supply to an individual consumer" and includes any apparatus used in connection with such a pipe;. (xiii) "Managing Director" meant the Managing Director of the Authority; (xiv) "member" means a member of the Authority: (xv) "occupier" in relation to any premises, includes-> (a) any persall lor the time being rayiJlg or liable to pay rent or 'any portion thereof to the owner in respect of those premises; (b) the owner who is in occupation of the premises; (c) a tenant of the premises who is exempt from payment of rent; (d) a license~ who is in occupation of the premises; and (e) any person who is liable to pay damages to the owner in respect of use and occupation of. the premises, (xvi) "owner", in relation' to any premises, means the person, who receives the rent of that premises or who would be entitled to receive the rent thereof if the premises were let and includt:s, (a) an agent or trustee who receives such rent on account of the owner; '(b) an agent or trustee who receives the rent of, or is entrusted with the management of, any premises devoted to religious or charitable purposes; (c) a receiver or manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises; and (d) . a mortgagee in possession; (xvii) "premises" means any land or building and includes (a) the garden, land and outhouses, if any, appertaining to a building or 'part of a' building; and 4 (b) any fittings affixed to a building or part of a building for more beneficial enjoyment thereof; (xviii) "prescribed" means prescribed by rules made under this Ordinaneet (xix) "private street" means any street, road,square, court, alley, passage or riding-path which is not a "public street", but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises; (xx) "public street" means any street, road, square, court, alley, passage or riding-path over which the public have a right of way. whether a thoroughfare or not, and incIudes (a) the roadway over any public bridge or causeway; (b) the foot-way attached to any such street, public bridge or causeway; and (c) the drains attached to any such strccr,: public bridge or cause way and the land, whether covered or not by any pavement, "veranda, or other structure, which lies on either side of the roadway upto the boun daries of the adjacent property, whether that property is pnvate property Dr property belonging to the Government j , (xxi) "regulations" means regulations made by the Authority under this Ordinance; (xxii) "rules" means rules made under this Ordinance: (xxiii) "service pipe" means any pipe other than the connection pipe beyond the stop cock by means of which the water is supplied to any premises; (xxiv) "sewage" means night soil and other contents of a water close, latrines, privies, urinals, cess-pools or drains and polluted water from sinks, bath-rooms, stables and other like places and includes trade effluents; (xxv) "sewer" means a closed conduit for carrying sewage, offensive matter, polluted water, waste-water or sub soil water ; (xxvi): "sewerage" means a system of collection of waste water from a community from its houses, institutions, industry and public, places, the pumping treatment and disposal of such waste water, its effluent, sludge, gas and other end products J (xxVii) "State" means the State of Kerala; {xxviii) "stop cock" means a stop cock fitted at the end ofa connection pipe away from the main for the purpose of switching off and regulating the water supply to any premises] (xxix) "street" rneans a private street or a public street] (xxx) "trade effluent" means any liquid either with or without particles of matter in suspension therein, which if, wholly or in part produced or discharged in the course of any trade or- industry including a61Ticlllture and horticulture, but does not include domestic sewerage; (xxxi) "waste water" shall include domestic sewage, spent water and all waste water let out from any industries or by any other source; [xxxii] "water connection" includes, (a) a tank, cistern, hydrant, stand pipe, meter or tap, situated on any private property and connected with a main or other pipe belonging to the Authority; (b) the water pipe connecting such a tank, cistern, hydrant, stand pipe, meter ortap with such main or pipe; (xxxiii) "water supply" means a system of providing water to a com munity for meeting its requirement for drinking and other domestic uses, industry, recreation and various public uses, but docs not include providiltg water for irrigation purposes j (xxxiv) "water works" includes water channel (including stream, lake, spring, river or canal, well pump, galleries, reservoir, cistern tank), duct, whether covered or open,treatment units, sluice supply main, divert, engine, water-truck, hydrants, stand-pipe, conduit and machinery, land, building, or other things for supplying or used for supplying water or for protecting sources of water supply or for treatment ofwater. CHAPTER II ESTABLISHMENT, CONDUCT OF BUSINESS, FUNCTIONS i\ND POWERS!OF THE AUTHORITY 3. Establishment of Kerala Waler and Waste Water Authoriry.-(l) The Government shall, by notification in the Gazette and with effect from such date as may be specified therein, establish an autonomous authority to be' called the Kerala Water and Waste Water Authority. (2) The Authority shall be a body corporate by the name aforesaid havin~ perpetual succession and a common seal with power to acquire,hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. (3) The Authority shall for all purposes be deemed to be a local authority. (4) The Authority shall have its head office at Trivandrum and may have offices at such other places as it may consider necessary. 33/4926jMC. 4. COfl.ftiflltiofl ofths AUfnoriry.-The Authority shall consist of the following members, namelv:- . (a) the Minister in charge of Public Health Engineering Department, who shall he the Chairman; (b) a !\1ana~ing Director, who shall be a qualified Public Health Engineer with experience in the management and administration of water and waste wa rr-r svstcrus, appointed hy the Government; (c) the Secretary to Government in charge of Public Health Engineering Department, eJ4-?{!icio; (d) the Finance Secretary to Government, ex-'!ffu:ilJ, (e) the Secretary to Government in charge of Local Administration lJepartmcnt, ex-qffirio: (I') a member rcurcscntjng the local bodies in the State, appointed by the Government; and (g) a member belonging to a Scheduled Caste or Scheduled Tribe. appointed by the Government. 5. .Disqualification [or heing a member.-A,person shall be disqualified for being' chosen as. and for being a member ifh~ (a) has been convicted of an .mmee involving moral turpitude; (b) is an undischarged inselvent.; (~) is or unsound mind and stands so declared by a competent court] (d) holds, except as provided in sections 6 and 7, any office of profit 'In Icr the Authority; (e) has dircct lv or indirectly by himself or by any partner, employer 01' employee, :lny share or interest, whether pecuniary or ofany other nature, in any contract or employment with, by or on behalfof the Authority. 6. Term oj qffier ~( Managing Director and. non-qfficial mr.mbm.-(l) The Managing Director anrl a member referred to in clause (n or clause (H) of section 1- shall hold office for a period of three vears unless thdr term ".8 terminated earlier by th~ Cov-rnment by notification in the Gazette, anl shall he eligible for reappointment. (2) The 1fanaging Director and the members referred to in !Iuh section (1) shall hold office on such terms and conditions as the Government may, by order, specify. (1\ The members (including the Malla~ngDirector) shall be.entitled tJ. such travelling and daily allowances as may be prescribed. 'I (4) The Managing Director or the members referred to in sub section (I) may resign his office by writing under his signa tlire addressed 'to the Chairman and on such resignation being accepted he shall be deemed to have vacated his office. 7. Remuneration of Managing Director and Jilling' up of tem/Jorm) uacancicss-« (1) The Managing Director shall be paid from the Authority's fund such remuneration as may be fixed bythe Government from lime to time. (2) If any member is, by infirmity or otherwise rendered rernporarily incapable of carrying out his duties or is absent on kaye 'otherwise in circum stances not involving the vacation of his appointment, the (;ovcrnllwnt may appoint another person to officiate for him and to carryon! hig lunctious under this Ordinance. 8. Appointment of officers and staJJ.-(I) Subject to the provisions of sub section (2), the Authority may appoint for the purp')sc of e]Mhling- it to carry out its powers, duties and functions under this Ordinancr-, a SeC! t(;lry and suchother officers and staff as may be required against posts dniv sanctioned by it with the previous approval of the Government. (2) The Authority may, with the previous approval of t lu: (;overn ment, appoint a servant of the Central Government or the State Govern ment as an' employee of the Authority on such terms and conditions as it thinks fit. (3) Except as provided' in this section, the appointment and con ditions of service of the officers and employees of the Authority shall he governed by rules made by the Government from time to time. 9. Supervision and control of emplo)'ees.-Subject to thcSllp\:I';u[cudencc of the Authority, the Managing Director shall have the gellnal umtrnl and direction over all the employees 'of the Authority, 10. Authentication of orders and other instruments of the AutIt1l17/}"-( I) All proceedings of the Authority shall be authenticated by the ,ig"lLllmC Ilf the Chairman and all orders and other instruments of the Authorir v shall be authenticated by, the signature of such officer of the Aut lunu v ,,' Iflay I",: authorised in this behalf 'by regulations. (2) The Authority may invite any person tn atnnrl a lllc'~ling of the Authority for the purpose of assisting or advising it OJ! ;:I'.y V Iller and the persons so invited may take part in the proceedings or ,!I,: Authority, but shall have no right to vote. I L Delegation of eowers.-Subject· to the provisions 01 th;~ Ordinance, the AUThority may, .by general or special order, delegate eiliwl' uncondi tionally or subject to such conditions as may be specified ill th-: ordnr, rn any committee appointed by it or to the Chainn,m,. or the ~.L1,JI;..ging Director or any other oilicer ofthe Authority such of its powers and duties under this Ordinance as it deems fit, not being its powers and duties ·under sections 25, 28, 29 and 66. ~! J2. Disqualification fot participation ill the proceedings of the Authority 0" account of interest.s--l; 1) The: Chairman or any other member of the Authority or of a committee appointed by the Authority W110 has acted professionally, in relation tl) any matter on behalf of any person having any such share or interest as aforesaid, shall not vote or take part in any. proceeding (including any discussion on ;my resolution or quest iou] of the Authority or of allY committee thereof relating to such matter. (2) If any member of the Authority or of a committee appointed by the Authority has directly or indirectly any interest in any area in which it is proposed to acquire land 'for any of thc purposes of this Ordinance he shall not take part in any meeting of the Authority or any committee thereof in which any matter relating to such land is' considered. 13. Acts not to be inralidated by irregularity, vacancy, etc.-No act done or proceeding taken' under this Ordinance by the Authority or a committee appointed hy ~he Authority shall be invalidated merely on the ground of (a) any vacancy in, or defect in the constitution of the Authority or any cornmi ttee thereof, or; (I» any defect or irregularity in the appointment of a person acting as a member thereof; or; (c) any defect or irregularity in such act or proceeding, not affecting the substance. 14. - Functions '!/ the Autholi!y.--The Authority shall perform all or any of the following functions, namely: (i) preparat ion, execution, promotion,operation, maintenance and financing of the schemes for ihc supply of water and for the disposal of waste water; (ii) rendering all necessary' services in n-gard to water supply and collect ion and disposal of waste water to the Govemment and Oil request to private institutions or individuals; (iii) preparation of State plans for water supply and collection and (1IsJ1o~;al of waste water on the directions of the Government; (iv) fixation and revision of"tariffs, taxes and charges of water supply and maintenance service in the areas covered by the water supply and waste water system'! of the Authority; (v) I:slahlishlllrnt of State standards 1'01' water supply and waste water :'cl'~'ic~; (vi)'" all Junctions, not' ~Iilledf herein which were being performed by the" Public] Health EI.lginccr!ng Department of the Covcrnment before the commcnccruent 01 thts,i,Ordmance: (vii) assessment of the requirements for manpower and naining in relation to water supply and sewerage se-rvices in the State; (viii) carrying out applied n:scal ch for the' efficient discharge' of the functions of the Authority; (ix) making provision Iur the supply of", holesorne W;\1n and efficient sewerage services to the people in the Slale; (x) raking such other measures a, lIuy Ill' nccessai v 10 ensure water supply ill times of emergency; and (xi) such other 'flU1ction:~ as ll!<ly Ill: entrusted to the Authority by till!' Government by notification in the Uazette.. 15. Pomers of ths Authorif)',-;:(l) The Authority shall, subject to the provisions of this Ordinance, have pown to dn anything which'rnay he heces sary or expedient fill' carrying out its functions under this Ordinance. (2) Without prejudice to the g(~nerality of the foregoing provisions. such power shall includethe power (i)t6 obtain such periodic or specific in!imllation· from any local body as it may deem necessary; . (ii) to prepare and carry out Si h, 1;1(":S {(ll wa nr supply .md sewerage and to exercise al! pown sand perform all f lUH tions I el:u 11J?, thci eto; Provided that the power of' sane: ionin; ·;,hemes· costing more than twenty-five lakhs ofrupees shall be exercised only with the previous approval of the Government; (iii) to-lay down the schedule of Ices for all services rcn,]eleJ by the Authority to the Government, local hodics, institutions or individual", to' fix or amend tarlffs ami charges {(II' wale; C'lli'pl:f and sewerage services and collect all SItch fees and ch;ugc, 1;1)' ll~(;;;c Sf vir.cs as may be prescribed; (iv) 10 enter into contract or a,~J ';l'mclIt with any person, firm or institution as the Authority mill' c!ef:lIllH:cessary, for performing its functions under this Ordinance: Provided that any contract or agreement involving more than twenty-five lakhs of rupees shall be entered mto by. the " Authority only" with the previous approval of the Government; (v) to adopt its own budget annually subject to the previous :,pproval of the Governmenq to (vi) to abstract water from any natural source with the permission of l ;H~ Gi>'/crnment and dispose of waste water; (vii) to ,borrow money, issue debentures, to obtain subventions and grmrs, to incur expenditure and manage its own funds; (viii) to grant loans and advances to such persons or authorities as the A,.' hority may deCI1I necessary for performing I he functions under this Ordinr nee; (ix) to acquire, possess and hold lands a'til other property and to cU'ry allY water or sewerage works through, across, over or under any highway, . oad, ,1 red or place and, after reasonable notice in writing to the owner or occupier, into, through, over or under any building or land. CnAJ'TER III VESTING OF PROPERTlES, ASSETS, LIABILITIES AND OBLIGATIONS AND TRANSFER OF EMPLOYEES 16. VtSting ofproperty in Authorityetc.-(l) As from the date of establish merit ot' the Authority, (hereinafter in this Chapter referred to as "the appointed oay"), (a) (i) all properties and assets (including waterworks, buildings, laboratories, stores, vehicles, furniture and other furnishing), all the existing water supply and sewerage services, sewerage works and sewage farms including, ;1$ 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 street and all buildings, lands and other works, materials; stores and things appertaining thereto; and. (ii) so much of the subsoil appertaining to the said water mains and ,,:wcrs as may be necessary for the purpose of enlarging, deepening or otherwise [,:pairing or maintaining any such water mains and sewers or any pipes and "ther appliances and fittings connected with such water supply and sewerage .crvices and sewage works and sewage farms which immediately before the ippoinred day were vested in the Government for the purposes of the Public Health Engineering Department, hall vest in and stand transferred to the Authority; (I» all the rights, liabilities and obligations or the Government vhethci arising out of any contract or otherwise pertaining to the said depart nent including the right to recover arrears of water tax and sewage tax and ,I any cost or kes relating \0 water supply and sewerage services shall be the ights, liabilities and obligations of the Authority; and It (e) all the 8!lset~,rigbts, liabilities and 'obligationll of the Kerala S~te Rural Development Board constituted under the Kerala Sliate Rural Develop ment Board Act, 1971 (15 of 1971), in so far as they pertain to execution of water supply and sewerage schemes in the panchavat :1r~as including the right to recover arrears of annual jnstalmcnts from panch.o ..ts towards expenditure on water supply and sewerage schemes under 'section 13 of the said Act, shall be the assets, rights, liahilities and obligations of the Authority. (2) The properties, assets, rights, liabilities and obligations referred to in sub-section (1) shall be valued in such manner as the Government may .determine. . n.' All suits and other legal proceedings instituted or defended .or which might but for the ~tinR and transfer under sub-section (I) have been instituted or defended hy. or against the Government may' be cont'nued or iastituted or defended by OT against the Authority. 17. Deci.rirm,f!fGol'mlwnt on the vesting ofpro/Juty to befinal.-W·,cre any doubt or dispute, arises as to whether anvproperry or asset hall vest- rl in the Authori 1Yunder section 16 or any rights. Iiabiliries or obligations ha-« become the rights, liabilities ami obligations of the Authority under that sect :on, such doubt or dispute shall be referred to the Government whose decisior thereon shall be final. 1B. Vesting of tXlrti"'f( ll'ater supply andseuerag« sertnces under local ,"odies. (I) As from the date following the expiry of it period :If three years from the appointed day or snell further period as may be specified by the Government in this behalf by notification in the Gazettc, (a) all the water supply and sewerage services, sewerage works-and !,;CW3f!C farm~ indudipv ",II the plants, machineries. pumping stations, dis rribution lines and public sewers in, along, over or any public street and all bnildinps, lands and other works, materials, stores and things appertaining thereto; (h) so much of tI,r' subsoil appertaining In the s:-lid distribution lines and SCV'('JS as T"(l)' he nCUSS<1rY for the purroS!" or enlarging, derpr ning or otherwise repairinrr or maintaining any such .distribution lines, and sewers Or any pipes and other appliances and fittings connected with such water supply and sewerage services and sewerage works; and (c) all rights, Hahilities and obligations including the right to recover arrears ofwater charges, meter hire and of any cost or fees relating to water supply and s~erage services, which immediately befOre the above mentioned date vested in ?11}'. local body shall VClllt in aDd stand t:nwferred to the Authority. J2 (2) The properties, assets, rights: liabilities and obligations referred to in sub-section (I) shall be valued in such manner as the Government may determine. (3) Wher/" "ny doubt or dispute arises as to whether any property or asset has veste.' ;n the Authority or anv right, liability or obligation has become the riqht, .liabilitv or obligation of the Authority under thir section, such douht or. dispute shall be referred to the Government whose decision thereon shall' be final and bindinrr on the Authority and the local body concerned. 19. Transfer rif employees to the Authori~)'.--(1) Save as otherwise pro vided in this section, every person who was employed in the Puhlic Health Engineering Department of the Government shall, on and from the- appointed day become an employee of the Authority and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions, and with the same rights and privileges as-to pension, gmtllity and other matters as he would have held the same on the appointed day if this Ordinance had not come into force and shall continue to do so until his omplovment in the Authority is terminated or until his remuneration or other terms and conditions of service are revised or altered by the Authority under or in pursuance of any Jawor in accordance with anyP'provision which for the time being governs his service: Provided that nothing contained in this sub-section shall apply. to an employee in the cadres of the Administrative Officers, Financial Assistants, Divisional Accountants, Typists and Stenographers, who, by notice in writing given to the Government and -the Authority within, such time" as the Govern ment may, hy general or special order, specify, intimates his intention of not becoming an employee of the Authority: Provided further that an employee referred to in the preccdinrr proviso shall continue to .be an employee under the Government .and shall be pro vided elsewhere in any post Of other service under the' Government. (2) The 81.1mS standing in the credit of the employees referred to in sub-section (I) in any pension, provident fund, gratuity or other like fund constituted for. them shall he transferred by the Government to the Authority along with any accumulated interest due till the appointed day and with the accounts relating to such funds arid the Authority shall, to the exclusion of the Government, be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employees at the appropriate time in accordance with the conditions of their service. (3) Notwithstanding anything contained in the Industrial Disputes Act, lCj47 (Central Act 14 of HI47), '01' In any other law for the time being in forlt~, 'he transfer of service of an 'employee to the Authority nnder sub section (1) shall not: entitle any such employee to any compensation unde 13 that Act or such other law and no such claim shall be entertained by any court, tribunal or other authority. (4) Every permanent or temporary employee of the Publio Health EngiDeenng Department of the State Government. under sub-section (I) shall on' and from the appointed day, be a permanent or temporary employee, aI the .ease may be, of the ~uthority, a~a.i.mt a permanent or .temJXl~ary post which .han stand created 10 the establishment of the Authority WIth effect on ,and livm the appointed:"day. (5) An employee referred to in the first proviso to sub-section (1) shall be deemed to have continued ill the service of the Government' between the appointed day and the date of relief from the establishment of the Authority after receipt of his notice in writing addressed to the Authority referred to in that proviso and the Authority shall be entitled to reimbursement from the Government of t&e \'Cmuneration~'paid~y it to such employee for!!uch period. (6) Nothing in any rule, regulation or order applicable to Govern ment servants in relation to retrenchment or abolition of posts shall apply to any employee referred to ,in sub-section \1). (7) Nctwithstanding.anything contained in the foregoing sub-sections, the authority shall be competent to take such disciplin:;u-y or other action as it thinks fit or to continue any such action already initiated against or in respect of any emp'oyee. who becomes an employee of the Authority under sub-section (l) 10 respect of any act or omission or conduct or record of such employee white he was in the service of the Government. 20. -Transfe« of employees of Local Bodies to the Authority,,.-( I) Save a! otherwise provided in this section, an employee who was employed exclusively in connection with water supply or sewerage service or sewerage works under a local body whose properties, assets, .and water supply and sewerage services have been transferred to the Authority under section 18 shall, on and from the date of transfer of such property and assets to the Authority, become an employee of the Authority. . (2) ,Notwithstanding anything contained in sub-section (1) but subject to anyexpress agreement to the contrary, any employee referred to therein other than a workman as defined in the Industrial Disputes Act, 1941 (Central Act 14 of 1947), who becomes an employee of the Authority shall be liable .for transfer from any establishment or undertaking in which he WaJ employed' immediately. before the said date to any, other establishment or undertaking belonging to the Authority at the same remuneration and on the same terms and eonditions as were applicable to them immdial;ely before moh transfer. (3) If any questIon arrses as to whether any person was exclusively employed in connecnon with the water supply or sewerage services or sewerage 33/4926/MC. 1 , " works under a local body immediately before the said date, such question shall be decided I 'y the Govemmcn t. '(4) The sums standing to the credit of the employees referred to in sub.~cetion (1) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the local body concerned to the Authority along with any accumulated interest iluc till the said date and with the accounts relating to the said fund and the Authority shall, to the exclusion of the lor al body, be liable for payment of pension, provident fund, gratuity or other like sum, as may be payable to such employees at the appropriate lime in accordance with the conditions of their service, (5) Notwithstanding anything contained in the Industrial Disputes Act, J947~Ccntral Act J4 of J947), or in any otherlaw for the time being in force, the transfer of services ofnn employee to the Authority under sub section (1) shall not entitle any such employee to a\ty compensation under that Act or such other law and no such 'claim shall be entertained by any court, tribunal or authority. (6) Every. permanent or temporary employee of a local body becoming an employee of the Authority under sub-section (I) shall, on and from the said date he a permanent or temporary employee, as the case may. be, of ihe Authority, ag,",inst a permanent or temporary post which shall stand created in the establishment of the Authority with effect from the said date. (7) Nothing in any rule, regulations or order applicable to employees of the local bodies in relation to retrenchment or abolition of posts shall apply to any employee referred to in sub-section (J). (8) Notwithstanding anything contained in the foregoing sub sections, the Authority shall be competent to take such disciplinary or other action as it thinks fit or to continue any such action already initiated against <If in respect of any employee who becomes an employee of the Authority under sub-section (l) in respect of any act or omission or conduct or record of such ernplovee while he was in the service of the local body. CHAPTER IV PROPERTY; CONTRACT, FINANCE, ACCO,UNTS AND AUDIT 21. Execution and registration ofcontracts etc,-Every contract for assurance of propertyon behalf of {he Authority shall be in writing and executed by such officer and in such manner ar may 11i: provided by the regulations. 22. Funds ofAUfhori0'.-(l) The AUI hority shall have its own fund to be called the "Kerala Water and Waste Water Authority Fund" which shall be: deemed 10 he n local fund and to '\ hich ~ha1J be credited all moneys recelve~' othc"visc than by way cf loans by or on n(Ohalf of the Authority. 15 (2) The Authority shall also-have another fund to be called the "Kerala Water and Wa~;te Water Authority's Loan Fund" which shall also be deemed to be a local fund and to ,which shall be credited all moneys received by or on behalf of the Authority by ,way of loans, (3) Without prejudice to the provisions or sub-sections (I) and (2), the Authority may, with the previous approval of the Goverrunent, constitute such, other funds as 'may be ncccssarv lor the clflcicnt ,:::1 formance of its functions under this Ordinance, (4) All moneys specified in the foregoing provisions and forming part of the funds of the Authority shall be deposited under such detailed Heads of Account as may be prescribed (a) into the Public Account of the Governmenr; or ,I . (b) in the State Bank of India constituted under the St,\teBanki of India Act, 1955 (Central Act 23 of 1955); or . (c) in a Subsidiary Bank as defined in section 'J. 01 the St<\l'~ Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 01 1959); or (d) in any nationalised Bank coming within the scope of the Bank ing Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970)or the Banking Companies (Acquisition and Transfer of Under takings) Act, 1980 (Central Act 40 of 1980); and the said account shall be operated upon by such officers of the Autho ity as may be authorised by .he Authority and in such manner <1., may be ~re,· crloed: Provided that the Authority may invest any sum not required for immediate use in such securities or debentures as may be approved by the Government. 23. Genera! principles for the Authority's finallCe.--Thc Authority shall not, as far as practicable and after taking credit for any grant or subventions vor capital contributions or loans, from the Government under section 24, carryon its operations under this Ordinance at a loss and shall 51) fix and adjust it. rates of taxes and charges under his Ordinance as to enable It to meet as won as feasible the cost of its opera.ions, maintenance and debt service aud where practicable to achieve ,an economic return on its fixed assets. 24. Grants, subventionS'1 etc., to the AUlhority.-The Government may, after due appropriation by law of the State Legislature, from time, to time make grants, subventions and capital contribut.ons, and advance loans to the Authority for the plU'p08CS 01 thu Ordinance 00 such terms and conditions as the Government may determine. 16 !l.5. ~qWtT of A11tIrmitF, 10 b~.-( 1) Notwitbs~ anythin t CUUUlIJled in any law for the tune being m force under "luch any local ¥Y ill constituted, the Authority .hall wiul effect from the da,e of Its establish ment be the only local authority authorised to borrow any sum ef money for water supply and sewerage works. (2) Without prejudice to the provisioJU ofaulHection (I), the Authority may, from time to time, with the previous sanction of the Government and subject to the provisions of this Ordinance and to such conditions as the C;rOvernmcnt may, by general or special order determine, bOIT.ow' any sum required for the f'urpos~ of this Ordinance ~hether bv the issue of bonds or stock or otherwise or by making arrangements with Banksor other bodies or institutions approved by the Government in that behalf. (3) Stocks issued by the Authority under thiJ section shall be issued, u ansferred, dealt with and redeemed in such J)UUU1er as the Government may, by general or special order, direct. 26. Depreciation RfSmJ.!.-:The Authority shall creatc ~ Depreciation Reserve and make annual provision therefor in accordance WIth such prmci pies as may he prescribed. 27. Guarantte for loans.-(l) 'Government may guarantee the repay ment of any loan and payment of interest on all loans made or transferred to the Authority for the purposes of this Ordinance. ~2) The C'..ovemm;ent sha~, so long au any such gUarantee is in .force, lay before the State Legislature In every year during the budget session, a statement ofthe guarantees, if'any, given during the curr~nt financial year and tJp-to~ate accounts of the total stuns,~any;wbich have been paid out, of. the Cons~hdated FW1~of the State by reason of '\.Dy such gUarantee or paid into the said Fund towards repayment ofany moneys 10 paid out. . 28. Estimates oj i1UtJme and exjJtnditrm.-{l) The Authority shall before the commencemcntof, and may at My time during, a financial year prepare a statement or a supplementary statement 'lU the case maybe, of the programme of its activities during the year as well as 'a financial estimate in respect thereof and the same shall be submitted in such manner in such form and by such dates as the Oovernment may, by general or lpeci~ order, direct, for the pre VIOUS approval of the Government: . Provided that in the event of such previous approval not being received Lefore the commence~ent of the financial year for which such financialstare ment has hem submitted, the Authority shall be entitled to expend on all accounts upto 'all amount not 'exceeding the amount approved for the eorres pending period of the previous financial year and such amount shall not include "1l'y lIWll spent out ofgrants and subventions during the &aid period 11 (2) 'Every financial estimate referred to in sub-section (1) IlhaU matae provision for the clue fulfilment of all the liabilities of the Authority and for, the efficient administration ef this Ordinance. (3) Save where in the opinion of the Authority circumstances or extreme urgency have arisen, no sum exceeding one lakh of rupees on account of recurring expenditure or exceeding five lakhs of rupees on account of non-recurring expenditure shall be expended by the Authority in any "tear ofaccount unless such sum has been included in a financial estimatesubmitted under sub-section (1) to the Government. (4) Where any such sum is expended under circumstances of extreme urgency, a report thereon indicating the sources from which it ill proposed to meet the expenditure shall be made ll! Soon as practicable to the Government. 29. Accounts and lAudit....:..(1) The!i:Authority (shan ~use to be main tained such books of accounts and other books in relation to its 'accounts and prepare 'an annual statement of account and balance sheet in such form and m such manner as the regulations may require. (2) The accounts of the Authority shall be audited by such Auditor, in such manner and at such time as the Government may, by general or special order, direct and the Auditor so~appointed shall have such powers of requiring the production of documents and the furnishing of information" respecting such matters, and shall have such powers in respect of disallow ance and surcharge as may be prescribed. (3) The accounts of the fi,Authority as certified by the, Auditor together with the audit report thereon shall be forwarded annually to the Government who may issue such directions 'to the Authority as they may deem fit and the Authority shall comply with such directions. (4) The Government shall, (a) cause the accounts of the Authority together with the audit report thereon received by it under sub-section (3) to be laid annually before the State Legislature; and '(b) cause the accounts of the Authority to be published in tueh manner as may be prescribed. 30. Surclrarge.-,-(1) The Managing Director or any other member, officer or employee of the Authority shall be liable to, surcharge for the loss, waste or mis-application ofany money or property of the Authority if such loss, waste, or ntis-application is a direct consequence of his neglect or mis conduct while acting as such Managing Director or other member or offieer orem~~ , la (2) "Procedure of surcharge under sub-section (1) shall be such as may be prescribed. (3) Any amount found due from any person as surcharge under sub-section (I) as a result of proceedings lor surcharge shall be recoverable as arrears of land revenue. (4) Nothing in sub-section (3) shall prevent the Authority from de ducting any amount referred .t~i therein from any sum payable "by th? Authv rity on account of remuneration or, otherwise to such Managing DIrector cr other member, officer or employee. CHAPTER V TAXES; FEESAAD CHARGES 31. Payment ofcontribution bylocal bodies.:-.The local bodies who are benefici aries of the water supply, sewerage and other services rendered by the Autho rity shall pay to the Authority annually, such sums not exceeding the amount of water tax and drainage tax or sewerage tax, as the case may be, due to such local bodies as part of house or property tax levied by them under the Acts constituting such local bodies, in such manner and at such times as may be prescribed. . 32. 'Cost of wattr.-(I) The Authority snail, by notification in the Gazette, fix the cost of water to be supplied by it according to v?lume and also the minimum cost to be charged in respect of each connection. (2) The Authority may, in lieu ofcharging the cost of wa~er according to volume, accept a fixed sum for a specified period on the basis of expected consumption of water during that period. 33. Costofcollection and disbosal of uiaste water.-(l) The. Authority shall, by notification in the Gazette, fix the cost of collection and disposal of waste water according to its volume (which shall be such percentage of the volume of total water supplied to the consumer as may be prescribed) and also the minimum cost to be charged in respect of such collection and disposal. (<!) The Authority may, in lieu of charging the cost of collection and disposal of waste water according to the basis referred to in sub-section (I) accept a fixed sum for a speciflcd period 011 the basis of expected collec tion and disposal of waste water during that period. 34. Meter rmt.-The Authority may provide water meters and charge such rent lor the meter as rnay be provided in the regulations. 35. Security dtposit.-The Authority may demand such sum as security from any consumer in connection with the supply of meter or for sewer connection as provided in the regulations: 19 Provided that the Authority shan pay interest at such rates as the Govern ment may from time to time. determine on any sum so deposited with the Authority, 36. Fns.- The Authority may charge such fees for connection, dis connection and re-connection ofanv warer supply or sewer for testing or super vision or for any other service rendered or work executed or' supervised as may be provided in the regulations. 37. Recovery of taxes, fees andother sums due.-(l) Any sum due to the Authority on account of any tax, fcc, cost of water, cost of collection and disposal of waste water, meter rent, pen alty, damage or surcharge under this Ordinance shall be recoverable as arrears, of land revenue. (2) Nothing in sub-section (1) shall affect the power of the Authority to cut off in accordance with the regulations the connection of water supply in the event of non-payment by the consumer of any dues referred to in that sub-section. CHAPTER VI WATER SUPPLY , :l8. Definition of SfJpply of uoter for domestic purPOStS.-The supply of water for domestic purposes under this Ordinance means supply of water for any purpose except the following, namcly: (a) for any commerce or trade, manufacture or business; (b) for gardens or for purposes of irrigation; Explanation.-In respect of premises used solely for residential purposes and having attarhed kit( hen and domestic j?;iHkns, such domestic gardrllS shall nor l:e treated as gardens for the purpose of this clause. (c)' for building purposes; (d) for fountains, swimm 'ng bath, public bath, or tanks or for any ornamental or mechanical purposes; (e) for animals where they are kept for sale or hire or for the sale of their produce or any preparation therefrom; (f) for the consumption and use at restaurants, or by inmates of hotels, boarding houses, lodging-cum-boarding howes or residential clubs and for baths 'used by such inmates; . (g) for the consumption and me by persons resorting to theatres and inemas; 20 (h) f'or mating or waterlng streets I (i) for washing vehicles where they are kept for sale or bir'6. 59. Supply of wattr by tM Authoriry.-( 1) The Authority shall on an appli cation made in that behalf by the owner or occupier of any premises, grant supply of water for domestic purposes for (a) any premises situated within a distance of thirty metres from aD existing main; lor . (b) any premises situated beyond. a distance of thirty metres from an existing main, if the applicant undertakes to bear the COlt of extension beyond the distance of thirty metres. . (2) In clU~ falling under clause (b) of sub-section (1), she Authority shall bear the cost of extension only in respect of so muclt distance, not ex ....eding thirty metres as is sufficient to connect the nearest existing main with the outer limit of the premises. . (3) Notwithstanding "the fact that the cost of any extension hal been borne under clause (b) of sub-section (1) by tbe person to whom water is supplied, the property therein shall vest in the Authority. (4) .The Authority may on application made in that behalf, grant lupply or water for any purpose other than domestic purposes. (5) The supply of water for domestic or other purposes shall be subject to such.terms and conditions as may be provided by regulations. (6) Notwithstanding anything to the contrary contained in the regu lations referred to in sub-section (5), the Authority may supply water to the Government or any local authority or other statutory corporation or to any educational institution on such terms as to payinent and as to the period and conditions of supply as may be' agreed upon. 40. Wattr supplyfor domestic purposes netto b, usedftW nen-domestie purpose. No person shall, except. in such circumstances' or subject to such conditions as may be provided by the regulations, use or allow to.be usedwater supplied for domestic purposes for any other purpose. . 41. Provision *'.! fire- Jrydrallts.-(I) The Authority may, at the request and expense of the owner or occupier.of any factory or any sho,P, or commercial establishment provide and maintain 6re hydrants, together with all incidental work ~or the supply of'water in case of fire in such factory, shop or co~ercial estabhshment and ill any such case charge from such owner or occupier tbr coet of water supplied in connection therewith. 21 (2) The Authority shall provide and maintain fire hydrants together with all incidental works for the supply of water in case of fire at such other '~aces as may be. considered necessary by a joint committee of the officerS ~ the Authority and the Fire Services Department of the Governmenf 'and supply water in connection therewith. '42. Provision of Water mefers.-(l) The Authority may provide a water 'rliet~r and attach the same to the service pipe ill premises connected "~ith \'ne' water works of the Authority. (2) The iexpenses of installation .and the rent for the use of water meter referred to in sub-section (J) shall be paid by the consumer. (3) The provision of water meters and the transfer of connection tneteto, the use, maintenance and testing of such meters and the exp~nse.of jtl~taUa~ion thereo~ and their rents and th~ fumish~ng of security.vif ii.hy,in cqtmethon therewith shall be regulated by' regulations. .43. Licensed 1Jlumbcrs.-(l) No person other than a licensed' plumber of'the Authority or person duly authorised by it shalf execute any work in t~pect of a water ,l::onnection hot being a work of a trivial nature and no '~on shall permit any such work to be cxe~uted by a person l?ther than a Iicensed plumber or by a person duly authorised by the Authority, (2) When any work is executed in contravention of the provisions of sub-section (1), such work shall be liable to be dismantled at the discretior of the Authority; 44.. Prohibition of wastage of water.-( I) . No owner or occupier of any premises to which water is supplied by the Authority 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 Authority has reason to believe that as il result of defeet in a service pipe or tap or ...other fitting or work connected therewith water is being wasted, the Authority may, by written notice require the con sumer to repair and make good the <;tefeet within such time as-may be specified in the notice. . (3) If such repair is not carried out within the time specified, the Authority may without prejudice to any action against the consumer under any other provision of .this Ordinance cause such repair to be' made;' and the cost of such repairs shall be realised from the consumer, 33/4926/~C. . 45. Pouer to cut oJ! water Juppl)'.-(I) The Aurhority llIay cut a ll' th e water supply from any premises, (a) if any tax, fee, ren tal, cos t of water or any cha rge or other sum due under th is Ordinance, is not paid wi thin a pe riod of thirty days after service of a bill for the same; or (b) ,if a fter the receip t of written notice from the Au tho rity requiring him to refrain from so doin g, th e consumer continues to use the water or to permit the same to be used in contraventi on of the provisions of this Ordinance or any rule or regula tions made thereunder ; or (c) if the consum er damages or causes to be damaged the water meter or any connection pipe or ferrule; or , (9) ,if the consum.er reFuses. to admit . any officer .o r serv.an t of t'Je Authority duly authorised inthis be ha lf Into the premises which he proposes to enter for the purpose of exccutin& an y work or placinz or remo vin! any apparatus or of making any examination or enquiry in connection with the water,supply or prevents any such officer or servant from executing a.ny work, or placing or removing anyapparatns or makin g such exam ina non or enqui ry; or . (e) if the service pipe or any tap or other filli ng or work conne cted thqewith is ' found on examination by a n ofliccr or servant o f ' the Authority duly au thor ised in th at beh al f to be on t of repair, to such an extent as to cause wastage or conta mination of wa ter and immediate preven tion thereof is ' necessary; or or any tap or an d im mediate if by reason of leakage in the service pipe or work, dam age is ca used to a publi c street th ereof is necessary. : (f) if th e consumer caus es or allows to be ca used the service pipe or any tap or other fitt ing or work connected therewith to be placed, removed, repaired or otherwise in terfered w ith, in contravention of th e provisions of this Ordinance or of th e rules or regulations mad e thereunder; or (g) other fitting prevention (2) No action' taken under or 111 pursuance of this' secti on shall relieve a pers on from any penalty or liability 'whi ch he may otherw ise have incurred. (3) The Authority may re-connect the supply of water di sconnected under sub-section (I) on paym ent offsuch charges and on such terms and conditions as may he provided by regulations. 46. Prohibition of c~tain acts.-( I) No person s]raJl (a) -wilfiilly obstruct any person actin g under 'the orders of the Authority in ~etl i ng but the lin es of any work or r ~1 1I up or remove :m y pillar, post or stay fixed in the ground - for the purpose 01 setting" out the lines of such works, or deface or destroy any works made for the same purp08e; or (b) wilfully or negligently break, injure; turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Authority; or (c) unlawfully obstruct the flow of or flush, draw off, or divert, or take water from, any water works belonging to the Authority or any water course, by which any such water is supplied; or (el) obstruct any officer or other employee of the" Authority in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspec tion, examination or inquiry thereunder in .relation to any water workS; or (e) bathe in, at or upon any water works, or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any- water works or wash or clean 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 polluted, water to turn or be brougkt mt~ any water works or do any other, act whereby the water in any water works is fouled or likely to be fouled (2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock Rxed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby. CHAPTER VII SEWERAGE 47. Right ef owner or occupier to obtain sewer connection.-The owner or occupier of any premises shall be entitled • to empty sewage of the premises imo a sewer of tile Authority provided that before doing so h~. (a) obtains written permission of the Authority and pays conne.. ction fee in accordance with the regulations ; and (6) complies with such other conditions a! may be providaI by the regulations. 48. Power; to require OW1f.fr to h(we sewer connection.-Where any prerulsea are, in the opinion of the Authority without sufficient means of effectual disposal of sewage and the sewer of the Authority is situated at a distance of not more than fifty metres from any part of the premises, the Authority may, by written notice, require the owner of the said premises to have sewer connec tion as provided hy the regulations. 49. Prohibition of connection' with Jewer.-No person shall without the permission of the Authority make or cause to be made any connection or communication with any sewer of the Authority. 50. Prohibition ofconstruction of buildings, etc., over sewer.-( I) No person shall without the permission of the Authority construct any private street, building, wall, fence or other structure on any sewer of the Authority. (2) If any private street be constructed or any building, wall, fence or 84:tlCtUrC erected all any sewer as aforesaid without the written permission of the Au'tborHy, the Authority Ill:'lyremove or otherwise deal with the Same as it thinks fit. (3). The expenses incurred by the Authority in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure-or a~ the case may he, by the person offending and shall he recover able as aD arrear of charges payable. under this Ordinance. 51..Power toaffi»shaft, etc .,for ventilation ofsewer orcess-pool>«The Authority may for the purpose of ventilating any sewer or cess-pool, whether vested in tb,o Authority or not, erect upon any premises or affix to·the outside of any building or to any tree any shaft or pipes as may appe;tr to it to be neoeesary, 52. Power to examine and test seioer etc., believed to be de.fectiv/!.-(1) Where it appears to the Authority that there are reasonable grounds for believing that a private 'sewer or cess-pool is'in such condition as to be prejudicial to public health or to be a public nuisance or that a private sewer communicating directly or indirectly with a sewer of the Authority is so defective as to admit sub-soil water or grit O~ other material, it may examine its condition and for that purpose inay apply any test, not being a test by water under pressure and if it deems necessary, open the ground. (2~ If on examination, the sewer or cess-pool is found to be in proper condition, the Authority shall, as soon as possible, re-instate any ground which has. been opened by it. (3) If, tlu: sewer or cess-pool so examine'! :s found to be defective, the Authority may forthwith stop its functioning 01' disconnect it from the sewer of the Authority, or require the owner or occupier to take remedial action as directed and within such time as may be specified by the Authority !ind ih any such event the Authority may recover the cost incurred by it from the owner or occupier, as the case may be. CHAP'l'ER VIn GENERAL PROVISIONS 53. Power of entry, surory, inspection, etc,-(l) Any officer of the Al..~10r'·1 authorised by it in that behalf may with or without. assistance of workmen enter. .iato .r upon imy premises in order (a) to mak.any inspection, survey, measurcmentnr enquiry; (b) to take level; (e) to dig or bore into the sub-soil; (d) to set out bouadaries and intended lines of work; (e) to w.ark'such levels, 'boundaries and lines 'by placing marks and cutting trenches; or (f) to do any ether thing D~08SQry fer the purpose of this fii)ittinance or any rule or regulatien .aGo thereunder: Provided that (i) sunrise; DQ such cmtrv iDto a build.m~ shall be made between sunset and (ii) no dwelling house or place shall be so entered except with 'the conseat of the occupien.thereof or without giving the occupier at least' twenty four: hours' notice of the intention to make such entry; (iii) reasonable opportunity and facility shall be allowed to the women occupying any past of a dwelling house to withdraw; and (iv) due regard shall, so far as feasible, he paid to the social and religious customs and usages of the occupants of the premises entered into, . (2) Whenever any officer of the Authority authorised under sub section (I) enters into or upon any premises in pursuance of that sub-section, he shall, at the time of such entry payor tender payment for the damage, if any, to be caused by any act as aforesaid and in case of dispute as to the sufficiency of the amount of compensation, such dispute shall be referred to the =::hairman whose decision thereon shall be final (3) .When any person is entitled to enter into or open any premises .n exercise of the powers under sub-section (1) he may also enter in similar nannttl' into or upon any adjoining prerr,ises for any work authorised by or under. this. Ordinance, or for the purpose of'de:posiling therein any soil, st.Qn6- oa other materials or for obtaining access to such work or for any other pueposes connected with. the execution of the same. 26 (4) It shall be lawful for any officer authorised in this behalf by the Authority to make any entry into any place to open or cause to be opened any door, gate or other barrier, (a) if he considers the opening thereof necessary for the purpose of such entry; and (b) . if the owner or occupier is absent, or being present refuses to open such door, gate or barrier, (5) Before making any entry into any such place or opening or causing to De opened any such door, gate or other barrier under sub section (4), the person authorised in this behalf shall call upon two or more persons of the locality in which the place to be entered into is situated to witness the entry or opening and may issue an order in writing to them or any of them so to do. (6) The officer so authorised shall in exercise of any power con ferred by sub-section (4) do as little damage as may be possible and compensation for Stich damage shall be payable by the Authority to the owner or occupier of such premises or to both and in the case of any dispute as to the sufficiency of the amount of compensation, the dispute shall be referred to the Chairman, whose decision thereon shall be final. 54. Power to disinfect tanks, pools, wells.-(l) Any officer authorised by the Authority in that behalf may have any tank, pool or well cleaned at disinfected after notice to the owner. or occupier, if any. when it appears that such cleaning or disinfection is nccessary to prevent or check the spread of any dangerous disease. (2) The cost of cleaning or disinfection referred to in sub-section (1) shall be recoverable from the owner or occupier of such tanks, pool or well. 55. Directions by the Govemment.-(l) In the discharge of its' functions, the Authority shall be guided by such directions on questions of policy as may be grven to it by the Government. (2) If any question arises as to whether any matter is or is not a matter ill respect of which the, Government may issue a direction under sub-section (I), the decision of the Government thereon shall be final. 56. Annual reports, statistics and returns.-The Authority shall; after the end of each financial year, prepare and submit to the Government before such date and in such form as the dovernment may direct a report giving an account of its activities during the previous financial year and the report sldl also give .m account of the activities, if any. which are likely '1.1 to be undertaken by the Authority in the next financial year and the Govern ment shall cause every, such report to be laid before the State Legislature as soon as possible after it is received by the Government. (2) The Authority, shall furnish to the Government at such times and in such form and manner as the Government may' direct such statis tics ,and returns and such particulars in rcgard to any proposed or existing schemes or activities of the Authority or any other matter under the control of the Authority as the Government may, from time to time, ' require. 57. Duty of local bodies to assist.-·( I) All local bodies shall render such help and assistance and furnish such information to the 'Authority and shall make available for inspection and examination such records, maps, plans and other documents as it may require to discharge its functions under this Ordinance. (2) Without prejudice to the other provisions of this Ordinance and notwithstanding anything contained in any other law for the time being in force under which any local body is constituted, the Government, may give to any local body such directions as in its opinion may be necessary or, expedient for enabling the Authority to perform its functions under this Ordinance and thereupon it shall be the duty of the local body to comply with such directions. 58. Protection of at}s done'in goodfaith.-No suit, prosecution or other legal proceedings shall lie against the Government, the' Authority or the Chairman, the Managing Director or other member of the Authority or any officer or servant of the Government-or of the Authorityfor anything which is in good faith done or purported or intended to be done in pursuance of. this 0rdinance or any rule or regulation made thereunder. 59. . Members, oJJUers and seruants of the Authority to be public seruants.-The Chairman, ,Managing Director, members. officers and servants of the Authority shall be deemed when acting or purporting to act in pursuance of the provisions of this Ordinance or any rule or regulation made there under to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and the Prevention of Corruption Act, 1947 (Central Act 2 of 1947). . CHAPTER IX PENALTIES AND PROCEDURE 60. General ftenalty.-Whoever, in any casein which a penalty is not expressly provided by this Ordinance or any rule or regulations made thereunder, contravenes the provisions of this Ordinance or of any rule 't1t regulation made thereunder or fails: to comply .wirh any notice, order or reqUisitio'n issued under this Ordinance or.any rule or regulation made thereunder shall 'be punishable with fine which may extend to one thousand rupees and in the case of acontinuing failure or contravention, with an additional fine which may extend to 'twenty-five rupees for' every day on which such contravention 'Of failurecontinues after the first conviction. 61. Offtnces by companil's.--(l) Ifthe person committing any offence under' this Ordinance is a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded a'g~inst and punished accord inglyl Provided that nothing contained in this sub-section shall render anywth person Iiable 10 any punishment if he proves that the offence was oommitted without his knowledge or that he exercised all the diligence' to prevent the oomrnission of such offence.. {2) Notwithstanding anything contained in sub-section (1),. w}m-e . any offence under this Ordinance has been committed by a companY·oand it is proved that the offence has been q,mmitted 'With the oonsentor oonni vance .A~f, or that the commission of the offence is 'kttrlbuta'ble In ,a'i1y neglect.on the part ofany Director, Manager; Secretary or other officer· ufthe company, such Director, Manager, Secretary or other officer shall be deemed to be guilty of l hat oflence and shall I be liable to be rproceeded against and, punished accordingly. &llizruztion.-For the purnose ofthis I'lection.., (a) 'company' means any body corporate and includes a6.rm or other association of individuals; and (b) 'director', in relation to a finn, means partner in the firm, 62. Power to arrest penon reftlSi~g to give his name and'address.-:-(l) ,Where any person in the presence of any office!' of the Authority authorised by it' by general or special order in that behalf has committed or has been accused of committing or who is reasonably suspected bysuch officer ofcommitting any offence punishable under this Ordinance refuses or fails on demand by such officer to give his name and address or gives a name or address -which such officer has reason to believe to be false he may be arrested by such officer without a warrant, in order that his name or address or both may be ascertained. (2) TIle provisions of sub-sections 1(2) and (3) of section 42 and of sections ~3, 48, 56, 57,58 and 59 of the Code o; Criminal Procedure, 1973 (Central Act 2 of 1974), shall mutatis mutandis apply in relation to any arrest made under sub-section (1) a'! they apply to an arrest made under sub-section (1) ofsection 42 thereof. the powers ot the Auditor under sub-section (2) of section 29; the manner- in which the accounts of the' Authority shall be 29 63. Composition ofoifences.--(l) 111e Managing Director or any other officer of the Authority authorised by it by general or special order in that behalf may. either before or after institution of the proceedings, compound any offence punishable under this Ordinance on such terms including payment of such composition fcc as he may think fit. (2) Where an offence has been compounded, the offender, if in custody shall be discharged and no furl he: proceedings shall be taken against him in respect of the offence compounded. 64: Duties of police rdficen and employees of local- bodies.v-A: shall be the duty of all police officers and of employees of the local body within whose local area any offence punishable under this Ordinance is committed or attempted to be committed- to give immediate information to rhe Authority or to any officer of the Authori ty authorised in that Iichall, .of thc commis sion of, or of the attempt to commit such offence, as the case may be and, to assist the officers of the Authority in the 'cxercise of th(~{r .uu hority under this Ordinance, CHAPTER X RULES, REGULATIONS AND BYE-LAWS 65. Power to makerules.-( I) The Government may, by notification in the Gazette, make rules forcarrying out the purposes ofthis Ordinance. (2) In particular, and without prejudice to tlre generality of the foregoing power, such rules may provide for all or- any of the following matters, namely: (a) the salaries and allowances and other conditions of service 'of officers and employees of the Authority other than such officers and employees employed on contract basis; (b) the manner of operation of funds by the Authoritv under sul-. section (4) of section 22; (c) the rnanner of making provision for Depreciation Reserve and for its utilisation; (d) (e) published; . (f) the procedure in respect of surcharge 'under secuon 30 io('luding the provision of appeal, if any; in respect thereof; . 33/4926/MC. 30 (g) the extent of contributions and manner of making such contri butions by local bodies under section 3I ; (h! any other matter which is to be or may be prescribed. (3) 'Every rule made under this Ordinance shall be laid, a! soon as may be after it is made, before the Legislative Assembly while it is in session for a'total period of'fourteen days which may be comprised in one session or in two stlCCCssive sessions and if, before the expiry of the session in which it is so lafd or the session immediately following, the Legislative Assembly makes any modification in the rule. or. decides that the rule should not be made, the rule shall thereafter have effect only in such modified, form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to thevalidity of anything previously done under that .rule. 66. Regulations.--(l) The Authority. may, with the previous approval of the Government make regulations not inconsistent with this Ordinance and 'the rules made thereunder, for the administration of the affairs of the Authority. (2)1 ·In particular and Without prejudice to the generality of the foregoing power, .such regulatil)IlS may .provide for all or any of the following matters, namely: (a). the summoning and holding of meetings of the Authority, the time and place where. such meetings are .to be held, the conduct of . business, at such- meetings and the number of persons necessary to form a quorum thereat; (b) the powers and duties of the employees of the Authority; (c) the management of property of the Authority; (d) the execution of contracts and assurance of property on behalf of the Authority; . (e) the limits upto which the Managing Director shall be competent to incur recurring or non-recurring expenditure in any financialyear without such expenditure being included in the statement under sub-section (1) of section 28; (f) the maintenance of accounts and' the preparation of annual 'statement of accounts and balance sheet bv the AuthoryiYi (g) the procedure for carrying out the. functions of the Authority; (11) the terms and conditions for supply of water for domestic 'or other purposes; (I) the installation of meters or transfer of their connection and their use, maintenance, testing, disconnection and recounection, the fees,' the rent and other charges in respect thereof including the furnishing of securityby the consumer and matters connected therewith; (j) the fee to be paid for connection with a sewer of the Authority and other terms and conditions for such connections; (k) any other matter for which provision is to be or may be made in regulations. CHAPTER XI TRANSITORY PROVISIONS AND REPEAL 671 Transitory provisions.-(l) Any bye-laws by whatever name called made by the local bodies in relation to the provision of water supply and sewerage services under the Acts constituting such local bodies before the date of constitution of the Authority and in force immediately before the said date shall continue in force to the extent they are not inconsistent with the provisions of this Ordinance, until such time as regulations are framed by the Authority under section 66. (2) Any water charge, fee or other item of receipt by whatever name called levied by a local body or by the officers of the Public Health Engineering Department before thejdate of constitution of the Authority and any noti fication, notice, order or, direction in relation to such levy or to the provision of water supply and sewerage services issued immediately before the said date including any assessment o!' Stich levy or order for exemption or connection, disconnection or re-connecuon made or granted or any penalty imposed in respect of the owner or occupier 01 any premises or any licence issued to a plumber or any order made in connection therewith under any provisioa or Jaw applicable to the local, body having jurisdiction over~such area and in forc\? immediately before the Said date shall continue inJorce \lnti} other prOVISIOn or order is made or other proceedings or action taken under this Ordinance by the Authority for levy or assessment ")" for grant ('If such,licence or connection or provision 01such services and any reference in such notification, notice, order, direction, bye-laws or licence to the local body shall be construed as a reference to the Authority and in particular, proceeds of such charges or levy or other items of receipt shall go into the Fund of the Authority: Provided that in respect of local bodies, this section shall have effect from the dale referred to in sub-section (1) of section 18. 68. Exdusion ofpowers oflocal bodies under tertait'llnactments.-Except as provided in section 67, on and from the day on ,vhich tho Authority 11 ~1,4926IMC . constituted, and In respect or local bodies, on and from the date referred to in lub·$ectiop=l( I) of 'Section 18, (a) any city constituted Under the Kerala, Municipal Corporations Act,· 1961 (30 of 1961); (b) any municipality constituted under the Kerala Municipalities A~J 1960 (14 of 19(1); (c) Guruvayur Township constituted under the Guruvayur Township Act, 1961 (43 of 1951); (d) any panchayat constituted under the Kerala Panchayats Act, 1960 (32 of 1960) shall havs the powers, duties and functions under the said enactments as if tf,le powers, dunes and functions assigned by this Ordinance to the Authority including the power to hold any property. for purpo~cs of the said duties and functions were excluded from the powers, duties and functions of the corpora tion, the municipal council, the township committee or the -panchayat, as the case may be 69. Amendment of Act 15 of I971.":"'With effect from the 'date on which this Ordinance comes into force either in part or in full, the .Kerala State 'Rural Development Board Act, 1971(15 of 1971), shall have effect subject to the~Jollowing amendments, namely: 0) in section 7, in sub-section (I), the brackets, letters and words "{a) water supply schemes" and "(b) sewerage schemes': shall be omitted; and (ii) in section 8, in the Explanation: the words "the Public Health Engineering Department shall be the Engineering Department of the Govern ment in respect ofwater supply and sewerage schcmes'and" shall be omitted.. . 10. Removal of difficulties.-(I) The', Government may, for the purpose of removing any difficulty, particularly in relation to the transition from the nrnvi~ion~of the enactments referred to in section 68 to the provisions of tim Ordinance by order, direct that the said enactments shall, during such period as' may be specified in the order, have effect subject to such adaptaticns, whether by way of modification, addition or omission not affecting the substance, as it may deem to be necessary or expdic.lt. (2) Every order made under sub-section (I) shall be laid before the State Legislature. 71. Repeal and SQl1;'lg.-(I) The Kcrala W,ller and Waste Wat~r Ordinance, 1984 (GO of 1984), is hereby ~repcalctl. .. (2) Not'YrithstaDdlnfJ such repeal,. anything done . or· d~ed .to have been done or any action taken or deemedtahave been taken WIder the said Ordinance.•hall be deemed' to have been done or taken i uMei thi, Ordinance. 1'. RAMACHANDRAN. GOVERNOR.