Maharashtra Municipal Councils (Protected Drinking Water Supply Schemes Terms and Conditions) Rules, 1970

1 1THE MAHARASHTRA MUNICIPAL COUNCILS (PROTECTED DRINKING WATER SUPPLY SCHEMES TERMS AND CONDITIONS) RULES, 1970. This document is available at www.ielrc.org/content/e7002.pdf CONTENTS RULES 1. Short Titles. 2. Definitions. 3. Terms and conditions of investigation 4. Terms and conditions for preparation of plans and estimates 5. Terms and conditions subject to which the Government Department will execute the scheme. 1. Short Title.- These rules may be called the Maharashtra Municipal councils (Protected Drinking Water Supply Schemes Terms and Condition) Rules, 1970. 2. Definition.- In these rules, unless the context otherwise requires, (i) “Act” means Maharashtra Municipalities Act, 1965; (ii) “Public Health Engineering Organisation” means the executive wing of the Irrigation and Power Department of the Government of Maharashtra, and includes the Public Health Executive Engineer of the District concerned and the Superintending Engineer of the Public Health Circle concerned; (iii) “Scheme” means a scheme for supply of protected drinking water to be prepared by a Council under sub-section (1) of Section 50; (iv) “Section” means a section of the Act; (v) Words and expressions used in the Act and not defined in these rules shall have the meaning assigned to them in the Actr. 3. Terms and conditions of investigation.- (1) Before making an application for assistance under sub-section (3) of Section50, the Council shall pass a resolution indicating its inability to investigate, prepare plans and estimate and execute the scheme, and also the nature of the assistance required from the State Government. (2) No such assistance shall be granted, unless the State Government is satisfied about the financial ability of the Council to undertake and maintain the scheme. 1 Uma 1066/72728-UNI-IV, dated 5th September, 1970. 2 (3) The Council shall also deposit in advance five thousand rupees towards the cost of a survey and thereafter pay immediately on demand to the Public Health Engineering Organisation the balance. If the actual cost of the preliminary survey exceeds five thousand rupees. 4. Terms and conditions for preparation of plans and estimates.- Where the scheme is not to be executed through Government agency, the Council shall agree to pay charges for the preparation of plans and estimates at such rates as may, be determined by the State Government from time to time. The amount paid by the Council towards the cost of survey and investigation shall be adjusted against this cost. 5. Terms and conditions subject to which the Government Department will execute the scheme.- (1) If the Council decides to entrust execution of the scheme to the state Government, the Council shall pass a resolution, requesting the State Government to execute the scheme on its behalf and accepting (i) the detailed plans and estimates; (ii) the cost of the scheme, including the cost of the preparation of the plans and estimates and the Establishment, Tools and Plants charges at the rates fixed by the State Government from time to time; (iii) the annual loan liability on account of the scheme, if any; and (iv) the annual financial burden on account of the scheme. (2) Every Council shall, not later than the 30lh £lay of April each year, remit in advance to the Public Health Engineering Organisation by cheque the amount required towards the expenditure likely to be incurred on the scheme during the financial year as intimated to it by the Public Health Engineering Organisation. Under Section 321 (2) read with Section 45 (2) List of Notification Serial No. Name of Department No. of Notification Date of Notification 1. 2. 3. 4. 1 U.D.P.H. & H.D. UMA 1066/72728Unification IV. 5th September 1970 Publication in Maharashtra Government Gazette Serial No. Name of Department Part Date Page Nos. Remarks 1. U.D.P.H. & H.D. I-A, Extraordinary 5th September 1970 99 Main Rules Note: This document has been provided online by International Environmental Law Research Centre (IELRC) for the convenience of researchers and other readers interested in water law. IELRC makes no claim as to the accuracy of the text reproduced which should under no circumstances be deemed to constitute the official version of the document.