Karachi Water and Sewerage Board Act, 1996

~ ---- -- - -- ---· KARACHI WEDNESDAY APRIL 24, 1996 PART IV PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION Karachi. the 24th April. 1996 • NO. PAS/Legis-B-6196 - . The Karachi Watei; and Sewerage Board Bill, 1996 having been passed by the ProvinciaJ Assembly of Sindh on 15th April, 1996 and assented to by the Governor of Sindh on 23rd April. 1996 is hereby pub tlshed as an Act of the Legislature of Sindh. THE KARACHI WATER AND SEWERAGE BOARD AC..T. 1996 SINDH t\( .. I "'10 \.OF J99n (First published after having received the assent of the Governor of Sindb in the Gazette of Sindh (Extra-Ordinary) dated 24th April , 1996). AN ACT To provide for tJ1e establishment of a Board for supply of water and disposal of swerllge in the Karacl1i Division. WI-IEREAS it is expedient to prn' id<" f!•r rht> establishment of a Board for Prn.mbte supply of water and disposal of sewerage in the Karachi Division; It is hereby eOActed as follows: L(iv) 506 Ext. IV-18 ( 56) Price 0.50 Paisas . , [PART-IV-A THE SINDH GOVT. GAZEITE EXT APRIL 24, 1996 57 · ~hon l1ll.· 1LUJ Cl)WJAl<ucwcmt Odiultion1 ull1bliohmen1 of Board Co1111i1ution oftheUoatd CHAPTER- I PRELIMINARY 1. (1) This Act may be called the Karachi Water and Sewerage Board Act, 1996. (2) It shall come i~to force at once; 2. In this Act unless there is anything repugnant in the subject or context. (a) 'Authority' means the Karachi Development Authority established under President's Order No. V of 1957; (b) 'Board' means the Karachi Water and Sewerage Board established under Sections. 3; (c) "Chairman" means the Chairman of the Board; (d) "Corporation'' means the Karachi Metropolitan Corporation ; (e) "G<>vernmen~' means the Government of Sindh; (f) . "Managing Director" means the Managing Director of the Board an~ includes any persons discharging the duties of the Managing Director for the time being; ... .. (g) "Member" means the member of the Board and includes its Chairman and Vice-Chairman ; and (h) 'prescribed' means prescribed by rules or regulations made under this Act. CHAPTER-II CONSTITUTION OF THE BOARD 3. (1) There !'!hall be established a Board called the Karachi Water and Sewerage Board for carrying out the purposes of this Act. (2) The Board shaU be a body corporate,having perpetual succession and common seal with power subject to the provisions of this Act to acquire and hold property, both movable and immovable, and may by the said .i;iame sue and be sued. (3) The Jurisdiction of the Board shall extend to the limits of the Corpo· ration and such areas outside the limits as may be notified by the Government. 4. (1) The Board shall consist of J \ huinnan .111d :.i Viet: Ch:tim1ou) appointed by Government and the following members: 58 THE SINDH GOVT. GAZETIE EXT APRIL 24, -1996 [PART-IV-A - r 1. Additional Chief Secretary (Development) 2. Secretary. Local Government Department 3. Secretary, Industries Department 4. Secretary, Finance Department 5. Secretary, Housing Town Planning Department 6. Mayors of the 'Karachi Metropolitan Corporation and District Municipal Corporations 7. Chairman, District Council Karachi. 8. Chairman, Karachi Port Trust 9. Chairman. Karachi Electric Supply Corporation 10. President. Karachi Chamber of Commerce and Industries 11. ~fanaging Dire<:tor,KW&:SB. 12. Deputy Director, Mili~ Lands & Cantonment, Karachi 13. Chairman,Defence Housing Authorit}'• Karachi 14. Divisional Superintendent, Pakistan Railways, Karachi 15. Any other person nominated by Government. (2) Government may at any time by notification change the Constitution of the Board. (3) A non-officirtl member appointed by Go,·emm€'nt sf:tall hold office at pfeasure of Government unlesshe is removed or ha~ resigned earlier by addres sing a lener to Government (4) There shall be a Secretary of the Board, who shall be appointed by Government on such terms and conditions as it may determine. (5) Subject to the general control of the Managing Director the Secretary shalJ exerci~e such powers and perform "uch functions as may be prescribed by regulations or assigned by the Board 5. CHAPTER-III APPOINTMENT POWERS AND FUNCTIONS .. OF THE MANAGING DIRECTOR ( l) The ~lanaging Director ~hall be appointed by Gevernment on such terms and condition~ as it ma} determine. (2) The Managing Director shall be the Chief Executive of the Board. ~ (3) Subject lo the general control of the Chairman the ~{anaging Director sball (a) exercise the financial powers mentioned in Appendix 'A' (h) P1:.epare and submit, with the approval of the Board, annual budget or revised budget to Government ; • .. M.uu~111i; Director [PART-IV-A THESINDHGOVT.GAZETIEEXT APRIL24, 1996 59 (c) submit audit reports to Government and take prompt steps to remove any irregularity pointed out by the auditor; (d) supervise and control the acts and proceedings of the employees of the Board under this Act; · (e) furni&b to Government or such other officer as Government may, from time to lime, nominate in this behalf, a copy of every resol· ution passed at a meeting of the Bo¥d; (f)supplY. any return. statement, account or report or a copy of any document in his charge, called by a committee or sub-committee set up by the Board and shall comply with any orders passed by the Board or committee or sub.committee in accordance with the pro,·isi~ns of this Ac:t. (g) report to Government, Chainfta.n and the Board all cases of fraud embezzlement. theft, or los~ of money or property; (h) perform such other functions and exercise such other powers as may, from time to time be assigned by the Board. (4) Subject to such )imitations as may be laid down by the Board, the Managing Director may delegate any of his powers to any officer or employee of the Board. · CHAPTER-IV POWERS AND FUNCTIONS OF THE CHAIRMAN OF THE BOARD 6. (1) Subject to sub-section (2), the Chairman shall exercise the following powers; {a) unless p.-evented by reasonable cause, preside at all meetings of the Board; (b) watch over the financial and executive administration of the Board and perfonn such executive functions as are assigned to him by or under this Act. (c) act on beh~f of the Board in any emergency subject to obligation to report such action to the Board at its next meeting and to seek the Board's ratification of I.he action so taken; 60 THE SINDH GOVT. GAZETIE EXT APRIL 24, 1996 [PART-IV-A 7. (2) when the Chairman by reasons of absence from Pakistan or any other cause, is unable to exercise his powers and perform his functions, the Vice Chairman shall unless, G<>vernmenl may by notification en· trust the duties of the Chairman lo some other person, exercise powers and perform functions of the Chairman. (3) The Chairman shall exercise the financial powers mentioned in Appen· dix 'B'. CHAPTER-V POWERS AND FUNCTIONS OF THE BOARD The Board shall (i) sanction in the manner and on payment of fees as may be prescribed by regulatioos (a) water connections, (b) water supply to tankers; and (c) sewerage connection. (ii) Levy,collect or recover rates, charges of fees for water supply and sewerage service, including arrears thereof: (iii) have the power lo reduce, suspend or disconnect the water supply in the event of contravention of the provisions of this Act or regulations; (h·°) have the power to impose surcharge, not exceeding double the amount due, if rates. charges or fees for water supply or sewerage service or the arrears thereof are not paid within the time fixed by the Board; (v) have full financial powers within the budget grant; (vi) make regulations with the approval of the Governmant; (Yii) undertake construction, improvement, maintenance and operation of (a) water works including wells and recharge facilities for collecting, purifying, pumping, storing and distributing water to all trl'<~ of consumers; (b) sewerage works for collecting, pumping, treating and disposing of sewerage and industrial waste: (viii) assess the position. of water supply from time to time and regulate water supply; (ix) review the existing schemes or prepare new schemes.relating to water works and sewerage work and undertake execution thereof with the approval of the Government; (x) regulate, control or inspect.water connections. sewer lines and service lines including internal fittings ; .. I • (PART·IV·A THE SINDH GOVT. GAZETIE EXT APRIL 24, 1996 61 (xi) maintain accounts and records of the Board; (xii) prepare and submit to Government schedule of water and sewerage tariff, rates, charges or fees to be levied by it; (xiii) prepare and revise schedule of posts for the Board and submit it to the Government for approval ; (xiv) produce and supply potable water ; (xv) place, maintain aqueducts, conduits, sewers etc. CHAPTER-VI POWERS OF THE GOVERNMENT . 8. (1) The budget of the Board, annual or revised shall be sanctioned by Government. • (2) The annual budget shall he submitted to Government, at least sixty days before the commencement of the financial year. (3) Government shall, within thirty days of the receipt of the budget, ap· prove it with or without modifications and convey the approval to the Board and if no approval is conveyed as aforesaid, the budget so submitted shall be deemed to have been approved by Government . . ltJ- 62 THE SINDH GOVT. GAZETTE EXT APRIL 24, 1996 [PART-IV-A (3) The Board shall arrange retail distribution of water within its jurisdic tion excluding the areas receiving water supply through constituem Bodies. (4) The Board may, subject to availability, supply water to any person or authority in tlte area or areas notified under thii. Act. (5) The Board shall continue to make bulk water supply to the constituent Bodies at uch ratet. and subject to such tenru. and conditions as ma} be determined by che Board. (6) A Standing committee consisting of che Chairman or his nominee, Commisi;ionor Karachi Division and the Managing Direccor shall al locate and determine quantity of water lO be supplied ro each con stit'!ent Body: . Provided that until such cerms or conditions or quantity of water is detcnnined, the Board shall continue the buJk water supply according to cbe arrangements existing immediacely before the commencemenc of this Act. (7) Uthe Board does not accept the decision of the Standing committee, the Managing Direccor shall report the maner to Government for appropriate orders and the orders issued by Govenrment shall be complied with by the Board. Explanation - The term "Constituent Bodies" shall mean and include the Authority, Karachi Port Trust, Cantonment Board of Karachi, Sindb Industrial &: Trading Estate, Karachi, Pakistan Steel Mill Corporation, Defence Services or any other body or organization notified by Govern ment. (8) Until otherwise notified by Government, the Authority shall continue to execute the llab Dam Water Supply Stage I and phase IV of the Greater Karachi Bulk Water supply Stage l and Sewerage Disposal Projects. (9) The Board or any per~on authon 11ed by it shall have right to place and maintain aqueducts, conduits and lines of mains, drains, sewers or pipes, over, under, along or across any immovable property without acquiring such pro~rty, and to eoter on :.ucb property for the purpose of examin ing, repairing. altering o~oving any aqueducts, conduits or lines of mains, sewers or pipes: Providt.>d that the Board shall not, except as otherwise required under this Act acquire any right other than the right a& aforesaid. [PART-IV-A THE SINDH GOVT. GAZETTE EXT APRIL24, 1996 63 (I 0) The right conferred by sub-section ( l) shaU not be exercisable in respect of any propeny vested in or under the control or management or the Federal Government or any Provincia.I Government or any local authority or Railwa\ Administration save with the prior permission or t'IUCh Gov ernmcml or local authority or Railway Admio..istration: Provided that such permission shall not be necessary if any repair, re placement, removal or improvment in connection with water and sani tation works i'i required to be made urgenlly in order to maintain the service without interruption or for averting danger to human life or prop eny. (11) The Board or any person authorised by it shall, while exercising the right under this section, cause as little damage and inconvenience as possible; and if any damage or inconvenience is actually caused, a reason· able compensation as may be determined by the Board or by a person appointed by it in this behaJf shaJJ be paid for such damages or incon· veniences. CHAPTER-VIII FINANCES 10. (1) There hall be established, by Government. a separate fund for the Board known as the Karachi Water and Sewerage Fund. (2) The Karachi Metroplit.an Corporation shall contribute 10 the fund an amount as Government may fix but such amount shall not be more tba.o ten percent of the total 3D.Dual revenue income of the Corpora· lion; provided that Government may by notification change the amount payable by the Corporation. (3) The fund shall include (a) collection or water and sewerage charges, rates or ·fees payable to the Board; (b) grants made and aids given to the Board; (c) loans raised or obtained for the Board. (d) aU other sums that may be received by the Board. (4) The fund shall be operated by the Board (5) The sums credited to the fund shall be deposited in such banks ns mny be approved by GovemmenL (6) The fund may be invested by the Board in any security of the FederaJ Government or the Provincial Government or in any other security approved by Government. 64 THE SINDH GOVT. GAZETTE EXT APRIL 24, 1996 (PART-IV-A...... (7) Accounts and record of the Boa.rd shall be maintained in the manner as may be prescribed by regulations. (8) Accounts of lhe Board shall be audited annually within six months " of the expiry of financial yeir by the Auditor General of Pakistan or his nominee. (9) The pre-audit of income and e~diture of the Board sltall be done by the Auditor& of Local Fund Audit Department under Municipal Fund (Audit Rules),1964. (10) A statement of the audited accounts. together with audit report shaJl be submitted to Government~ the Managing Director, and if any orders are made in respect thereto. the Board shall comply with :,ucb orders. CHAPTER-IX EMPLOYEES OF THE BOARD 11. (I) Appointments to the posts in the approved schedule may~ made in the manner and c>n the terms and conclitions as may be prescribed. 12. (2) Employees of the existing KaraChi Water and Sewerage Board fuclud ing the employees of the Development Authority and Karachi Met ropolita.d Corporation and the Karachi Water Managment Board ab sorbed and working in the Board may be transferred to serve under the newly created Board as Government may direct and on such terms and condjtions as may be determined by Government: Provided that such terms and conditions shaU not be less favourable than those admissible to such emJoyees immediately before such trans fer: Provided further that the employees so tr ansferred shall, until the terms and conditions of ervice are detrmined under this Act, continue to be governed by the sa1ne terms and conditions as were admissible to them immecliately before such transfer. (3) Pension, gratuity and other service benefits admissible to the employees ref erred to in sub-section (2) who retired or died before the commencement of this Act shall be the responsibility of the new Board. CHAPfER-X MISCEI.I.ANEOUS (1) All decisions of die Board shall be ta.ken in its meetings by majority. Ext. JV-19 OlffUDf or I.he Board. [PART-IV-A THE SINDH GOVT. GAZETTE EXT APRIL 24, 1996 65 Appeal l'c:n.a.lly. (2) Meeting of the Board shall be held in such manner ..;. d at such time and place as may be prescribed by regulationB~ provided that until the regulations are framed, the meetings shall be held as directed by the Chairman. (3) No act" or proceedings of the Board shall be invalid merely by reason of any vacancy in or any defect in the constitution of the Board. (4) The Board may. by general or special order and subject to such conditiom as the board may impose, delegate to the Chairman, Man aging Director or it.s officers or employees its powers or functions. 13.(1) An appeal shall lie to (a} Government from a decision of the Board or Chairman: (b) the Chairman from a decision of the Managing Director or any other officer subordinate to the Chairman. (2} The appeal or review petition shall be· heard and disposed in such manner as may be prescribed. 14. Where any person (a) willfully obstructs the setting out of any line or any works, or pulls up or removes any piflar. post or stake fixed in the ground for the purpose of setting out the I ine of such works or defaces or destroys • any works made for that purpose; or (b) wiUf uUy or negligently breaks, injures or opens any lock, dock, valve, pipe or other water or sewerage works belonging to Govern ment; or (c) willfully obstructs the flow of. draws off diverts or takes water &om any \\later works belonging to the Government or any sources of water which feeds such water works; or (d) unlawfully breaks or damages any electrical transmi~sion on lines for water and sewerage works maintained by Government; or (e) obstnrcts any officer or servant of the Board in the discharge of his duties under this A<" or refuses or willfully neglects to furnish him, upon bis request, necessary access for ma.king any entry, inspection, examination or inquiry -in relation to any water' or sewerage works; or (f) bathes in, at or upon any water works or washes, throws or causes enter therein any animals or throws aity rubbish or other offensive matter into any water works or washes or cleans therein any cloth1 woll, leather or skin or any animal or causes the water of any sink, sewer or drain or any steam engine, boiler or any other dirty water to return or be brought in to any water works or does any other act whereby the water .in any water works is fouled or likely to be fouled, he shall be punished with impri,onment of either description for a term which may extend to six months or with Ruld fine which may extend to ten thousand rupees or with both. 15. Government may make rules for carrying out the purpos!S of this Act. 66 THE SINDH GOVT. GAZETI'E EXT APRIL 24, 1996 [PART-IV-A r"" 19. 20. 16 \ ( 1) Subject to the provisions of this act and the rules the Board may, with the approval of Govenrment, make regulations for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for (i) the meetings of the Board and conduct of business in such meetings; (ii) procedure for appl)'ingfor water and sewerage connections includ ing payment of fee for ma.king application i.n this behalf; (iii) regulation, control or inspection of private sewers, water connec tions, service lines including internal fittings; (iv) procedure for levying collecting rates, fees or charges for water supply and sewerage service and imposing surcharge in case of ~ny dd'aoJt made in payment thereof; (v) grant of Tlcences and permissions under this Act. (vi) any other matter rquired to be prescribed by regulations under this AcL 17. No suit or legal proceedings shall lie against Government. Board or any member, officer or employee of the Board in respect of anything done or intendid to be doneJo good faith. under this Act or rules or regulations framed thereunder; 18. where any djfficulty arises within twelve months of the coming into force. of this Act, as to the implementation of any of the provisions of this Act, Government may give appropriate directions for removal of such difficulty. I ncl~rnni I')' 'Rrmo-.rof clificuhiu The provisions of this Act shall liave effect notwithstanding anything to the contrary contained in the Sindh Local Government Ordinance or any other law for the time being in force. (1) Sections 121 to 147 contained in Chapter XVI of the Sindh Local Gov ernment Ordinance 1979 are hereby repealed. (2) Notwithstanding the aforesaid repeaJ: (i) all properties, movable and immovable, including all water works and installations held by the existing Karachi Water and Sewerage Board ( hereinafter ref erred to as the oJd Board) shall vest in the new Board; (ii) all sums due to the old Board shall be paid to and recoverable by the new Board; . [PART-IV-A THE SINDH GOVT. GAZEITE EXT APRIL 24, 1996 67 (iii) all debts and liabilities incurred by the old Board shall be the liability of the new Board; (iv) all contracts entered into or rights acquired by the old Board shall be deemed to hav e been en~ered into, acquired by the new Board; (v) everything done, orders issued, powers delegated, approval accorded, persons appointed, water charges and surcharge levied. actions taken by the old Board shall, if not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been done, issued, delegated, accorded, appointed, levied, taken, conferred or made under this Act; (vi) all suits and other legal proceedings instituted by or against the old Be>ard before the coming into force of this Act may be continued by or against the new Board; .APPENDIX ''A" (See section 5} Financial powers of the Managing Director of the Board. S.No. Nature of Power Extent of Power (1) (2) (3) 1. Technical Sanction in respect of works. Full powers. 2. Sanction and acceptance of Tenders for upto Rs.25.0 works by contract. lacs 3. Sanction of amount in excess of the upto5% sanction~ estimates. 4. purchasing Powers. upto Rs 2.5 lacs 5. Contingency Full powers 6. Emergency Works. As provided in para 58 of the CPWDCode ~ 68 THE SINDH GOVT. GAZE'ITE EXT APRIL 24, 1996 [PART-IV-A , S.No. (1) 1. 2. 3. 4. 5. APPENDIX "B" (See section 6) Financial powers of the Chairman of the Board. Nature of Power Extent of Power (2) Sanction and acceptance of Tenders for works by contract. (3) upto Rs.50.00 lacs upto 10°/o Sanction of amount in Excess of the sanctioned estimates. purchasing Powers. Contingency Emergency Works. .. upto Rs 5.0 lacs Full powers Section 6(l)(c) BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH KADIR BAl)HSH UMRANI SECRETARY PROVINCIAL ASSEMBLY OF SINDH. (1250) 24-4-96 Offset Karachi Printed at the Slndh Govt. Press.