The Gujarat Water Supply and Sewerage Board Act, 1979

Exka No. 20 REGISTERED NO. G/GNR/2 I ' -- ~be 6ujarat 6olJrrnmrnt 6a1rtte EXTRAORDINARY Vol. XX] PUBLISHED BY AUTHORITY WEDNESDAY, JUNE 6, 1979/JYAISTHA 16, 1961 IQante 1.,nta: II ifvea to &II Part la onler tldt II -., ... llell .. • sepnte .-.,lldea. PART IY Adi of the Gujarat LegislahltO and Ordinance promulgated and Regulatioo1 made by the Governor. The followfus At$. of the duJ~at ~lJ.tqre having been assented to by the Presid(fnt on the 28th May 1979 is hereby published for general information. V. V. BEDARKAR, Secretary to the Government cl Gujarat, Legal Departni~nt. GUJARAT ACT NO. 18 OF 1!179. (First published, after having received the assent of the President in the "Gujarat Governn1ent Gazette, 00 the 6th June 1979 ). An Act tQ provide for the establishment of a Water Supply and SeWerage Board for the rapid development and proper regulation of water supply and sewerage services in the State of Gujarat. It is hereby enacted in the Twenty-ninth Year of the Re:Publio of India as follows:- ' CHAPTER I. PltELiltINA.BT. · 1. (1) T¥a ACt nia.ybe Called.the Gujarat-Water Supply and Sewerage Boaro Act, 19'18. (2) It eXt,ends to tM whole of the Stat.e of Gujarat e:ioluding the &?6aS eo'fuprisad in CitiGa and oanflOnments. 133 IV-EEf;ra-92 Short title, extent end com· mencement. _l ·f tlitionl!. 13' GUJ. GOVT. GAZ., EX,, MAY 6, 1979/JYAISTHA 16, 1901 [FJ.11.T IV (3) ThiJI 1totion shall oome into force at onoo and the remaining provi­ Bions shall oome into foroe on euoh date as the State Government may, by notification in the Offioial Gazette, appoint, and different dates may ho appointed for difl'erent provW.ons, and any referenoo in any such provision to tho date of oonunoncement of this Aot shall be construed as reference to the date of coming into_' force of that provision, 2. In this Act, unless the contoxt otherwise requires,- (i) "Board" means the Gujarat Water Supply and Sewerage Board ostabfuihed under section 3; (ii) "byo-laws" moons bye-laws made under this Act ; (iii) "cantonment" means a cantonment declared as such under ooction JI of 3 of the Canton1nents Act, 1924 ~ 1924. (iv) "coss-pool" includes a settlement tank or other tank to receive or dispose of foul matters from any premises ; (v) "Chairman" means the Chairman of the Board ; (vi) "City" means a City a11 oonstituted under section 3 of the Bombay Provincial Municipal Corporations Act, 1949; (vii) "conunu,uication pipe" moans 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 includoa a connection pipe, service pipe, mete-i: or other fittings i - - (viii) "connect.ion pipe" means any water pipe from a ferntle to stop-cock connecting the main of the local body or the Board, a.<J tho caoo may be, with the service pipo ; (ix) "consumer" means any person getting the benefit of any water supply or sewerage service from the local body or the Board, as the caue may be ; (x) "domestic sewage" means waste water from residential p:oom.isea, boarding and lodging houses, hostels, hotels, publio p1acos, offices and all suoh establishments as are not a pa.rt of any trade or industry, and arising out of perBOnal and normal human activities such as drinking bathing, ablution, washing and cooking j (xi) "drain" means a sewer; tmmel, pipe, ditch, gutt.6r or channel or any cistern, flush-tank, septic tank or other device for carrying off or treating sewage, offensive matt.6r, polluted water, tntllage, wast.a water . or sub-soil w~t.er, and inclll;des any culvert, .ventilation shaft or pipe or other appliances or fittmge connected mth such -drain, and any ejectors, compressed air mains, sealed sewage mains and special maohi~ nery or apparatus for raising, oollooting, expelling or 1'61IlOving sewage or offensive matlior from any pl1Ml6 1 ,., .. LIX ,, 1940. O.j. Hof ..... P4.BT IV] GUJ. GOVT. GAZ., EX., MAY 6, 1979/JYAISTHA 16, 1901 135 (xii) "ferru1e" moans a ferrule connecting the coimoot.ion pipe with the main; (xiii) "Gujarat Public Health Enginooring Sorvice" means th6 organi­ sation functioning for the purpose of providing water supply and sewerage servioes aa a wing of the Health and Family Welfare Department of the Government of Gujarat ; (xiv) "looal area." means the area falling within the juriadiotion of a looal body ; (xv) ''looal body" means a munioipality or a paucha.yat e.'itablished under any law for the time being in foroo ; (xvi) "m,iin" rnc;iri:.; n pipe laid by the local body or the Board, as the case may be, fe>r the purpose of giving a geucral suppl)· cf water ios dist,inct from a supply to individual consumers, and includt·~ any ap:parrtus used in connection wit.h such a pipe; (xvii) "member" m1a1u1 a m~mb<!rof the Board, and includrs the Cl1air­ man of the Board ; (xviii) "~Icmber-Seeretary" means the 1iember-Secretary of the Board (xix) "municipality" includes the person or comtnittee appointed under clause (c) of sub-sr:ction (1) of section 26!-B of the Gujarat l\Iunicipalities Act, 1963 for any notified area; {xx) ''non-official member" means a iuember, not being an w-offido member ; (xxi) "occupier", in relation to any pre1nises, mf'nns t.he follo,•ring:- (a) any person for the time being paying or liable to pay rent or any portion thf'r1:of to the owner in respect of those pre1niEes (b) an o'VJ1er who is in occupation of those premise.'\; {c) a tenant of those premises who is exen1pt from payment of rent ; (d) a lict:<nsec v:ho is in occupation of those pre1nises; and (e) any person, '"ho is liable to pay damages to the owner in respect of use and occupation of those premises ; (:xxii) "o,vuer'', in relation to any premises, means the person who reCT!­ ivcs the rent (,f the said premises or who would be entii led to receive the ri'nt ther,·of if the premises were let, and includes- (a) an agent or trustee who receives such rent on account of the owner I 136 GUJ. GOVT. GAZ., EX., ~lAY 6, 1979{JYAISTHA 16, 1901 [PJ..R'l' I~ (b) an ag~nt or trustee who receives the ient of, or is entrusted w+th, the 1nanagement of any premises devoted to religious or charitable pur· poses (c) a rec~iver or manager appointed by any Court of competent jurisdiction to have the Chai-ge of, Or tO ·exercise the rights of an Owner of the said premiHes; and (d) e. n1ortgagce-in-possession; (xxiii) upremiscs11 meansanyl~ndor building or \ll}' .i \rt of a') ti\ ling; (xxiv) "11rescribcd" means prescribed by rules ; (xxv) "pri\ra.tc street", "public street" and "st.rret", in relation to any local area, shall have the lllC<tning.1 assigned to them in th<> law relating to the local body having jurisdiction over that loe2.l t>,ff'a ; (x:x:vi) "rt•gnlations" inPans regulations made under this Act (xxvii) "relevant local authority law" means- (a) in relation toa inunicipality, the Gujarat:Municipalities Act., 1963; (b) in relation to a panchayat, the Gujarat Panchayats Act, 1962 ; (xxviii) "rules" means ruh·s 1nadc under this Act; {x:x:ix:) ".~er\•ice pipe" ineans any pipe other than the connection pipe beyond the »top-cock by means of which \\'ater i,<; supplied to a11y premises ; (xx:x) "sewage" n1e\11S night-soil and other contents of \vatf'r closets, latririr.s, privie;;, uri11als, cc&>-pools or drains, and polluted water fron1 sinb:, bath room~, :;tables and other like places, and includes t-rade efflurnts ; (xxxi) ":;e,ver" ffi<Jans a closed contluit for carrying sewage, offensive n1at•.cr, polluted watc;, waste water or sub-~oil water; (xx:xii) ".~c\verage" 1n<Jan.<; 11. system of collection of waste \\Tt~r from cotnmunity front its houses, inst.itution~, industry and public places, the pu1npi:1g treat1n ~nt and disposal of such waste water, its cfflu"n~, sludge, gas and other Pnd p1'0ducts ; (xxxiii) ".;tup-cock" means a stop-cock fitted at the end of the connec· tion pipe B.lV,\Y from the m~in for th'-l purpose of s\vit.ehing off and regu­ lating the water supply to any premises ; (zxxi..-) "•r&de ef'luent" me&ll.! any liquid either with or without particles of matters in suspension therein, whioh is wholly or in part produced or discharged in the course of any trade or industry, inoluding agriculture aRd hortiGY.ltntre, buf; it doe& llOb inolude domtlilbig 18WA&fli Gnj, " of 1964. Gnj, VI Qf_; 1962.:. Bom. I or 1994, GUJ. GOVT. GAZ., EX., MAY 6, 19'19/JYJ\l~;rM 16, i~~ (xx.xv) "water oonneotion'' includ~- (a) any tank, cistern, hydrant, standpipe, meter or tap, situated on any private property and connected with a main or other pipe belong­ ing to the local body or the Board, as the ease may be; (b) the water pipe connecting suoh a. ta,µk:, ci.eterUi, hyd;ant, stand­ pipe, meter or tap, with such main or RiP!cl; (xxni) "water supply"i;m.eans a system~:or providing water to a com­ munity for meeting its requirement for &inking and other domestio usoo, industry, reoreation and various publi9 uses; (xx.xvii) "water works" includes water chat)Jlel (including sti:eam, lake, spring, river or oa.naJ., well, oth!_:ir underground water sou,roe, pump, galle­ ries, reservoir, oistern, tank), duct, whether covered or open, treatinent units sluice, supply main culvert, engine, water-truck, hydrants, sti,.n.d­ pipe, conduit and m.aohinory, land, building or other things for supp]yii,lg or used for supplying water or for protecting souroes of water supply or for treatment of water. CHAPTER II ESTABLISHMENT, CoNDUOT OF BUSINESS, DUTIES AND POWERS o:rr THE BOARD 3. (1) AJ3 soon as may be after the commencement of this Act, the State Government shall, by notification in the Official_ Gautt.6, with effeo~ from a date to be specified therein, establish for the purposes of this Act a Board to be called "tho Gujarat Water Supply and Sewerage Board". (2) The Board shall be a body corporate, having perpetual suooeaaion and a common seal, with powers, subject to the provisions of this Aot, to aoquire, hold or dispose of property, both movable and im.mova.ble, and bo contra.ob, and may sue or be sued by its corporate name aforesaid. (3) The Board shall be deemed to be a local authority as defined in the Bombay (ffineral Clauses Act, 1904. 4. (1) The Board shall consist of the following members, namely :- (a) the Chairman to be appointed by the State Government, from amongst persons app~aring to it to be qualified by reason of wide adminis­ trative experience in a managerial capaoity or capability as a teohnioal e~t, for such appointment; (b) tho Member-Sooretary to be appointed by the State GoverllJl1ieni, who shall be a qualified Engineer, having an administrative experience and experieno0 of water supply and sewerage workil; (c) a representative of the State Government from the Health and Family W0lfare Department, not below the rank of Deputy Seo~~ tv Qovarnment>, to be appointed by the State. Govem.meil.b1 f!JH)jficW," Ztkb~ Jm.Ont of the .... ~ Oonatltu.•, "· tion of thi­ Bo•fd. z-_,. ' llf8 <l'UJ. aovir. GAZ., EX .• MAY 6, 11179/JYAISTRA 16, 11101 [PJ.RT IV {d) a. representativ6 of the State Government from the Prui.oha.yats, Hou.sing and Urban Developmonfl Departmenti or from the Planning De­ pa.ttment, not below the rank of Deputy Secretary to GovernmenfJ, to be appointed by the Sba.te Government, e'J:-officio; (e) a representative of the State Government from the Fin.a.nee Depart­ mon.t, not below the rank of a. Deputy Sooretary to Government, to be appoin.ted by the State Government, e:e·of!WW; (f) three members to be appointed by the State Government from amongdt tile elected heads of the looal bodioo; (g) four members to be appointed by tho Sta.to G-Overnment, who are e«perts ia economic or development planning and enginooring. (2) The names of the persons appointed as non-official members shall be p•blished in the Official Gazette. 5. A person shall be diaqualified for being appointed or confiinuing &Ba u•·offioia.l member, if ho - (&) has been convicted. of an offence involving moral turpitude; (b) is an. undisoharged insolvont; (o) is of unsound mind and stands so deolared by t1. oomJ)6tent Court; (d) holds, e:r:cept as provided in sections 6 and 7, any offioe of profit oder the Board; (e) has, direotly or indirectly by himself or by any partner, employer or employee, any share or interest, whether pecuniary or of any other nature, in any contraot or employment with, by OD on behalf of, the Board; ., (f) is a Director, Secretary, manager or other officer of any company, whfilh has any share or intereafl in auy contraot or employment with, by or on behalf of, the Board : Provided that a person shall not be disqualified under clause (e) or clause (f) by reason only of his or the company of whioh ho is a Director, Seoretary; Manager or other officer having a sharo or interest in - (i) My sale, purchase, lease or exchange of immovable property or any agreement for the same; (ii) any agreement foll loan of money or any soourity for paymenbJ i moner only; (iii) any newspaper in whioh any advertiisementi :relating to the affain of the Board ·js published; PUT IV J GUJ. GOVT. GAZ., EX., MAY 6, 1979/JYAISTRA 16, 1901 "' (iv) the oooasional sale to the Boa.rd, upto a value not exoeeding OOn thousand rupees in any one year, of any article in which he or the oompany regularly trades. 6. (1) The Chairman, unless appointed ex·offi.oio, shall hold office for three yea.rs: Provided that his term of office may be determined earlier by the State Government, by notification in the OfficWi Gaulle. (2) The Membe:r-Sooretary shall hold office for such period as the State Gove:rn.m.ent may by order specify. (3) A person appointed as member under olause (f) of sub-seohion (1) of section 4 shall hold office for three years: Provided that, he shall cease to be a mombeJ.1---- (a) if he ceases to be the elected head of tho local body concerned, or (b) if his term is dete-rruined earlier by the State Government by no'hi­ fication in the Official GazeUe. {4) A person appointed as member under olaUBe (g) of sub-soot.ion (1) of seotion 4 ~ hold office for three years: Provided that, hiB term of office may be determined earlier by the State Gov6[J'.ll00nt by notification in the Officiai GcnetU. (5) Tho members shall ho eligible for :reappointment. {6) Any inember may at any time resign his office by writing under his hand add.roa'*ld to the State Govemment, and on such resignation being aoooptod, he shall be doomed to have vacated his office. 7, (1) The Chairman and tho Member-Socrota.ry shall be paid from the Board Fund snob sala1y and allowances ai> may he fixed by t.he Stat,e Government. (.2) The other members of the Board shall be paid such allowances &B may be fixed by the State Govornmant. (3) If a.ny member is by infirmity or otherwise. rendered temporarily incapable of canying out his duties or is absent on leave in oiroumstanoos not involving the vacation of his appointment, the Stat,e Govenunont may appoint another porson to officiate for him and to carry out his funotiona under this Aot. . \ I .\ ·/s. (1) The Board mayJappoint such officers and servants as it oonsiden nooeBMey' for the officiant perfoIIIl&lloe of its duties and discharge of its functions against posts sanctioned by the State Government./ I\ (.2) The rooruitmont and the conditions of service of the officers and ser­ vants of the Board shall be suoh as may be dotermined by regulations. (3) The Board may, with the previoue approval of the appropriate Govern­ ro61lt, appoint a Bel'Vant of the Central Government or the State Government ae an employee of the Board on BUch tienns and oonditione as it thin.kB fit. Term of "'""" of m.e'f~· 0th~ provillou regar<Ung mombon. Offioen and eerTBntu of th8 Board and their reGroitment • •• oondition1 of eerv:ioe, ' .. .a11tlientl· MtioJl of o:ril.en ete. of the Boaid. Aeeinan.M of GoYemmen• offioere, etc. ~,, )•.' Deleptie. of pond. : !l j' GUJ. GOVT. GAZ., EX., MAY 6, l!J79/JYAISTHA 16, 1901 [PJ.R'l' IV (4} Subject to tho auperintendenoe of the Board, the Member-Seoretary bh,lill bo the Chief Executive Officer of the Board who shall supervise and control all its officers and servants including any officers of Government appointed on deputation to the Board. 9. All proceedings of the Board shall be authonticat.€d by the signature of the Chairman or pf any mom.her authorised by the Chairman and all other orders and instruments of the Board shall be authenticated by the e:ignattUe of the Member-Secretary or of any other officer of the Board aa may be authorised in this behalf by regulations. 10. (1) The Board may invite any officer of Government or local body or other person to attond its mooting for the purpo~e of assisting or advising .it on any matter. (2) Suoh officer or porson shall havo right to spoak in, and otherwi86 take part in the procoodinga of tho Board, but shall not bo entitled to vote. 11. Subject to the pi'ovisions of this Act, the Board may, by general orspccialorder, delegate, either unconditionally or subject t,o such Conditions, including the condition of rrviev,r by itsrlf, as n1ny be specifird in the order. to any comrriittec aprointed by it or to the Chairn11,.n or the 1-lr m­ be1-Sl'cretary or any other officrr of the Bolird fluch of its l'o"·er1<, dntits and functions under this Act as it d('em;: fit, 11ot being its po"·' r1<, duti{ g and function~ under sections 42, 17 aud 78. 12. (1) Auy member of the Board or of a conunittec appointed by 'h B::iard \Vhc..- (a) ha<; any share or interest of the nature deflcribed in clans<· (e) or clause (f) of ;.:ection 5 in rl'spect of auy n1atter. or (b) hafl acted professionally, in relation to any nu:ttcr on b, h~lf of any person having therein any such share or intcr~·st as afore3aid, shall not, not,vithstanding anyt.hing contained in th<> provi~0 to o ·'ion !i. voW or takP part in any procreding~ (inclnd;ng: r.ny ,]is1~l\<8io11 n , y n Jutinr orquestion) ofthe Board or conun:tt-eether\'ofr !:-ting .·h•·t (2) If any member of the Board or of a Committee app 'intl'd by thr­ Boa.rd has dire·ctly or indirectly any interest in any area in \Yhich it is ptoposed to acquire land for any of the purposes of this Act, be shall not take part in a:ny meeting of the Board or co1nmittee thereof in \Vhich any matter relating to such land is coll8idered, 13) Xoth·ng in sub-sect.ion (1) or (2) shall pr.·Y' u: n y mo- t:le Ji, B -d .r <Ommittte therr·of ff6in voting r111, or tak • g P"" th(' ·i~- '· cus~ion of, any resolut.iori or question relating to any subj·('( .d11·1 1 h,.1, · a SuHject re'fC:ffiid to iii. these sUl:l-s(lotions. PART IV] GUJ. GOVT. GAZ., EX., li[AY 6, 1979/JYAISTHA 14'1, 1901 13. No act done OJ' r·roceedings taken under thii; Act by the Eoard or a C'1n1n1it;tce appointed by the Board shall be invalidat<>d n1e.rcly C'Il the ground of- (a) f',ny vacancy of a mentb{'r or any defect in thr COnfltitution or rc­ f',on~titution of the Board or a oon1n1ittee thC'r<of; o:r (b) fl.ny defect or irregularity in the appoi11tn1c11t of f'. l)C'rson as a meinber of the Board or of a conunitU>c thereof; or (c) any tlcfect or irregularity in such act or procPedi11g8, not affecting the substance. 14. The duties and functions of the Board shall be as followe, namely:- (a) to prepare, execute, promote and finance the schemes for supply of water and for sewerage and sewage disposal ; (b) to render all necessary services in regard to water supply and S6Werage to the State Government and local bodies and on request to private insti­ tutions or individuals also ; (c) to prepare draft State Plans for water supply, sewerage and drainage on the directions of tho State Government ; (d) to review and adviso on tho tariff, taxes, fees, and ohargos of watel' supply and sewerage gystems, in tho areas comprised within tho sphere of operation of the water supply and sewerage services of the Eoard and in the areas of the local bodies which have entered into an agreement wit4 the Board ; (e) toassessthcrequirementsofmatcrials and arrange for their procure­ ment and utilisation; (f) to establish State standards for water supply and sewerage servioea; (g) to review annually the technical, financial, economic and other aspects of water rnpply and sewerage system of every scheme of the Eoard or the looal bodies which have entered into an agreement with the Board; (h) to sstablish and maintain a facility to review and apprise the tech­ nical, financial, economic and other pertinent aspeots of every water supply and sewerage scheme in the State ; (i) t-o oporate, run and maintain any water works and eew_era_ge system; if and when directed by the State Government, on such terms and condit.icns and for such period as may be specified by the Stato Government; (j) to assess the requirements for man-power and training in relation to water supply and sewerage services in the State ; (k) tooarryoutappliedrosearchforeffieient discharge of the dubies and functions of the Board IV- Aet.e 110\ "' bo invelidaOOd by vaeaney, informality ato, Dntiea and funotlon• of the Board, Powora of t.ho Doard, 142 GUJ. GOVT. GAZ., EX., :M'.AY 6, 1979/JYAISTIIA 16, 1901 [PART IV (I) to perform· suoh of the duties and funetiona, whioh ire being per­ formed by the Gujarat PubliG Health Engineering Service, as may be specified, from time to time, by the State Government; (m) to perform and llischarge suoh other duties and fnnotions as are allo­ tted to theBoardunderotherprovisions ofthisAcb or as may he entrusted to it by the State Government. 15. (1) The Board shall, subjeot to the other provisions of this Aet, have power to do anything which n1ay be neocs~ary or expedient for performing its duties and disoharging its functions under this Aot. (2) 'Vithout projudioe to the generality of tho foregoing provisions, suoh powera shall include tho power- (a) to inspollt all water supply and sewerage faciliticH in tho State by \Vhomsoevor they aro opel'atcd; (b) to obtain such periodill or specific infor1nation fron1 any local body and operating agenoy as tho Board may deen1 nece.<1sary ; (c) to provide training for its own personnel as well as for e1nployees of tho local bodies ; (d) to prepare and carry out sohomos for water supply and sewerage; (o) to lay down the sohedule of fees and other ohargos for all kinds of services rendered by the Board to the State Gover1unont, local bodies, institutions or individuals ; (f) to enter into Gontraob or agrce1nenb with any person or persons as tho Board may deem necessary, for pcfor1ning its dutie.s and discha­ rging its functions under this Act ; r (g) to adopt its own. budget annually ; (h) to approve tariffs for water supply and sewerage services applioa­ ble to the aroas co1nprised within the sphere of operation of suoh servioes of the Board ; and within the jurisdiction of such local bodies as have entered into an agreement wiih the Board ; (i) to manage all its affairs so as to provide tho people of tho area within its jurisdiotion. \vibh wholesome water and, whoro feasible, efficient sewerage service ; (j) to take such other mea.sures, M may bo necessary, to ensure water supply in time.<1 of any emergency ; (k) to acquire, posso.ss and hold lands and other property and ~ carry any water or se\vcrage works through, across, over ov under any highway, road, stroeb, or place and after reasonable notille in writing to the owner or OOllupier, into, through, over or under any building or land; ~ - . i'.i.RT IV] QUJ. QOVT. GAZ., E:X., Ji[AY 6, 1979/JYAISTHA 16, 1001 14' (1) to abstraot water from auy natural source and dispose of waste water; (m) to raise, borrow or seoure money on such terms and conditions as 1uay be expedient, and in partioular by way of loarn and advances, deposits and issue of debentures aud obtain subventions or mortgages from public iJJ.s.titutions like the Life lnsuranoe Corporation of India, Banks and any international organisations or from the State and Central Goverumont, for drinking water supply and sewerage sohomes or any other schemes for iiuprovement of sanitation ; (n) to receive grants from the State Government, the Central Governmont and the local bodios for water supply and sewerage or any other sanitation improvement sohomes; (o) to repay instalment.'! of loans and pay interest on the principal thereof to the lenders as per mutuslly agreed terms and conditions ; (p) to advance loans to the local bodies or Government for their water supply and sewerage aohemes on such term.a and conditions as may be specified by the Board ; (q) to recover from the local hodi.68 or Goven1ment principal and interest thereon in rospoot of loans adva.nood to them by the Board ; (r) to in,our such expenditure as the_ Board n1a.y doon1 necessary for performing its dutios and functions under this Act I (s) to exercIBe auch ot.her poweTI!I as are conferred on the Board under other provisions of this Act. 16. (1) Not,vitl1StandiJig anything contained in any ot-her 111.w for tho time being in force, tho Board may give such dirootiona to MY local body, with regard to t.he i1nple_mente.tion of any water aupply or sewe­ rage sch6me financed by it Under clause (a) of section 14, as it thinks fit, and such body shall be bound to comply with such dirootions, (2) In case any local body ia aggrieved by any such directions or experiences any difficulty in complying with the same, it shall refer t.ho matter to the State Govorn1nent, whose dooision thereon shall ho final. (3) The Board shall have po,vor to nail for any return, r.tatement of accounts, report, statistics or other information from any local body or other body or individual, which is required by it for tho exeroise of its powers and porfol'manc6 and discharge of its duties and functions under this Aot, and such body or individual sha_ll ho bowid to furnish such W'onnation. 17. 'fho Board may include in the cost of any scheme or work the execution or further exeoution whereof is undertaken llllder clauso (a) of section 14, supervision and cent.age charges at suoh rate, not e:xoood­ ing suoh limit as may be proscribed, as it may determine under clauBC (e) of sub-section (2) of section 115. Po ... ers 0£ tho Bor.rd to glvt1 directions &nd to call for roturnB, repori., '"· Supervision ••• centago ChBl'iei, Vee~ing •nd transfer of property to tho Boa.rd. Docision of tha 8ta.te Govatn· ment on tho vosting of propert:r to ba final. Transfer of Govsrnment emp1oyoos to thu Boarrl. 1'4 GUJ. GOVT. GAZ., EX., MAY 6, 1979/JYAISTHA 16, lllOI [P.ol!.T IV CHAPTER III 'fRANSFER OP ASSETS, LJABILITIES AND EMPLOYBBS OF TIIB GUJARAT PUBUC HEALTH Eti:GlNEERJNG SERVICI! TO THE B04Rl). 18. (1) From such different dates as :m&y be specified, from time to time by the State Government (hereinafter in this sootion referred to aa "tho appoinWd date"),~ (a} the propertios and assets (including water worka, buildings, laboratories, storos, vehiclos, fW'nitures and other furnishings) specified in that behalf, which immediately before the appointed date were vested in the State Gover.ument for the purposes of th0 Gujarat Publio Health Enginooring Service, shall vest in ancl stand transferred to the Board; and (b) the rights, liabilities and obligations of the State Government, whe· ther arising out of 'IJ.ny contract or otherwise, pertaining to the said Ser· vice, shall be the rights, liabilities and obligation .. '> of the Board. (2) Such propertie~, assets, rights, liabilitios and obligations shall be valued in auoh manner as the State Government may determine. (3) Where immediately before tho appointed date the State Government is a party to any legal proceedings with respect to any properties and assets transferred to the Board under clause (a) of sub-section {J) or with respect to any of the rights, liabilities or obligations which have become the rights, liabi~ lities or obligations of the Board, under clause (b) of sub-section {1), tho Board shall be deemed to be substituted for the State Government as a party to thosa proceedings and the proceedings shall continue accordingly. 19. 'Vhero any doubt or dispute arises as to whother any property or asset has vested in the Board under section 18 or any rights, liabilities or obligations have become the rights, liabilities and obligationg of the Board under that seption, such doubt or disptite shall be referrocl to tha State Govarnmont, whose deoi· sion shall be final. 20. (1) Ou 'IJ.nd aftor the establish1nent of the Board, the State Government 1nay, fro1n ti1ne to time, diroct that the services of such of the existing officers and servants of the State Government in tho Gujarat Public Health Engineer~ ing Service, who in its opinion, are rendered surplus to its requirements, shall stand terminated and their posts shall stand abolished, from such date as may ho specified by it {hereinafter in this section referred to as "the appointed date") and shall ou that date (which 1nay be difforont for different officers and servants) becoine the officers or servants of the Board. (2) Every permanent or temporary employee of the Gujarat Public Health Nugineering Service in respect of whom a direction is issued under sub·sootiou (1) shall, on and from the appointed date, be a permanent or temporary emplo­ yee of the Board, as the case may be, against a permanent or temporary post, which shall stand oreated in the establishment of the Board with effect from tho appointed date. XIV of 1947. PART IV 1 GUJ, GOVT. GAZ., EX,, MAY 61 1979/JYA.ISTiJA 111, Itol 141> (3) Any offi.oer or servant so transferred shall hold his office under tha Board on the same tenure, remuneration and other oonditions of servioe and with the sam.e right.a and privileges as to pension, gratuity, provident fund and other matters as he would have hold on the appointed date if this Aot had not come into foroo, until his employment under tho Board is duly terminated or his remuneration or other conditions of serviae are duly revised or altered by the Board in pur~uance of the law whioh for tho time being governs his oonditi­ ons of service: Provided that., the conditions of ~.crv1C1.· applicablo.:: immediately before the appointed date to the case of any such officer or i;ervant shall not be varied to his disadvantage, except with the previous approval of the State Government. (4) Any service rendered by such Government !'ervants und< r the State Government shall be deemed to be service rendered under the Board. (5) 'l'he snIUfl slanding to the credit 0f the (;lllployees rrff i'ted to in sub-secl,ion {1) in any pension, grc::tulty, pro..,-ident fund or otht r like· fui,d11 constituted for them sh<>ll be t.ransfPJT( d bv th(- Stat(· Goven;m• r,1 I(• thl Board nlong ·with nny accumulnted interesi: due till the apl'l,11.t• c c. t-e and \vith the accounts relating to such funds. (6) On and after the appointed date, the Board shall, to th(: ~'xclu~ion of the State Government, be liable for pr1.y·n1ent of p0nsio11, provic.ent fund, gratuity or other like stuns as n1ay be payabh- lo crupk1y<(·~ rtf• L'l"•(' 1,. in sub-section (1) at th1.; appropriatt tin1e i11 f!Ccordance with tht· conLit1ons of th!'ir serYice. (7) Not\Vithstanding anyt.hing contained in tho Industrial Disputes Aot, 1947, or in any other la'v for the time being in force, the transfer of services of any employee to the Board under sub-seotion (1) shall not entitle any suoh employee to any compensation u11de1 that Act or such other law and no such olai1u shall be enttni<nntd h)' any Court, tribunal or authority. (8) (a) Nothing contained in sub-section (1) shall apply W any employee 'Yho by notico in 'vriting given to the State Government within two months from tho appointed date or such extended time as the State Govern­ ment may, by general or special order, specify, intimates his intention of not becoming or continuing as an employee of the Board. (b) Where such notice is received frotn any employee- {i) in ca so of a permanent employee, ho shall ho allowed to retire giving him the benefit of pcMion, gratuity, provident fund and otlwt benefits accrued to him bad he retired from the Government servioo ou tho appointed dato ; (ii) in case of a temporary employee, his services shall stand teimi­ nated after giving him notice or remune1ation in lieu of notice as per tho existing servioo rules of tho State Government. 7.nfni of zi8tlq _ ... 11ppl7 "" ........ .,,, .. . ... ....... auj. GOVT. GAZ., EX., )tAY 6, l9711/JYAISTHA lO, 1901 [ PAil'f IV (9) Not,vithstanding anything contained in the foregoillg sub-l'ectioui;- (a) no pcro.on e1nploycd in the Gujarat Public Ife:alth Engineering Service to '\'ho1n any notice or ord"r of termination of his ~ervicea or oompul;;ory r-•tiren1cnt has been is.~ucd before the date of con11nencc1ncr,t of this Act sha.Il be transferred to the Bor,rd ; (b) the transfer of a person en1ployed as aforr~uid against l\'hc1n P"11y d1sciplinf\ry proceeding i,; pending sliall initially be proYisional nnd the Stai..c Gvv<\rl\mcnt ~111111 rt·viclv snch tr11n4er afttl th<' final order aH a result of such disciplinary Jirocecding is passed a1~d therrafl er pass in1ch order as may appear to it to be appropriate in t-J1c circurn.~tances of the case; (c) t.Jic disciplinary or ot.her action in re lat.ion to any person rcferrt d to in chn1~c (a) or claudr (b) 1nay be taken after the date Illl~ntioned in clause (a) in .;ttch 1ua1111llr and by such authority as t.]\f_' Stat.c Govcr11n1rnt 1111;y by gt:n-·r.11 or .~pecial order s1H·cify in t-hi~ bel1n!f; (d} if the servioeg of any employee of the State Government stand h:ansferred under sub-seotion (1) or sub-sootion (2) to the Board, the Board shall be competent after such transfer to take suoh disoiplinary or other aotion ag it thinks fit against or in respeot of suoh employee having regard to any aot or omission or 1,1onduct or record of such employee while he was in service of the Sta.to Government. (10) (a) For the purpose of enabling the Board to discharge its funotiona &».d duties uuder thiii Act, it shall ho la\vful for the State Government to direct, by a general or special order, that suoh of offioori! of the State Go­ vernment shall be poated under the Board for such period and oubjeot to suoh conditions as may bo specified in the order and accordingly tho officer~ specified in the order shall be posted under the Board. (b) Tho pay and allowances of any officer posted in accordance with clause (a) under tho Board shall, during tho poriod of posting, bo paid by tho Board fronl its fund. CHAP"l'EH IV TAKING OVER OF WA.TE& SUI>PLY AND SEWERAGE SERVICES FROM LOCAL BODY BY BOARD. 21. (1) Notwithstanding anything contained in any law for the hln1e being in foroe, tho Board may at any time with tho previous approval of the State Government, take ovor any existing water supply and sewerage servicea from any local body for operation, and for maintcnanoe, augmen~ bation or improvement and in suoh oaaes- (a) all the existing water supply and sewerage services, sewage wo1b and sewage farms, including, as the case may be, all plants, machineries, water-works, pumping stations, filter beds, water mains and public sewers in, along, over or under any public street, and all buildiuga, lauds and 0:ther works, materials, stores and things appert·1ining tihereto, belonging to ur vested in thati looal body ; PART IV] ({UJ. 00\'T. GAZ., EX., MAY fl, 1979/JYAISTHA.' lfl, 1901 147 (b) so much of the sub-soil appertaining to the said water mains and sewers as may be necessary for the purpose of enlarging, deepening or otherwise repairing or maintainiug, any such water mains and sewers or any pipes and other appliances and fittings connected with suoh water supply and sewerage services and sewage works and sewage farm.a ; and (c) all rights, liabilities aud obligations of such local body relating to the things mentioned in clauses, (a) and (b), including the right to recover any cost or fees or charges relating to water supply and sewerage ser­ vices and also including liabilities arising from any loans advanced by Government or any other person to tho said loco.1 body for the things afore.'laid, other than loans diverted to or utilised for purposes other than those referred to in clauses ((L) and (b), shall, on such date a.s n1ay be specified by the State Govern1nent in the notification, stand transfel'rcd to and vested in the Board and be subject to its control. (2) Suoh properties, assets, rights, liabilities and obligatioll,.'1 shall be valued in such n1auuer as the St.ate Govcrn1uent may deter1uine. (3) Where any doubt or dispute arises as to whether any property or asset has vested in the Board under sub-section(l) or any rights, liabilities, or obligations hn.ve become the right.'l, liabilities or obligations of tho Board under this section, suoh doubt or dispute shall be referred to the State Government, whose decision shall be final and binding on the Board and the looal body concerned. (4) F.lr taking over nny propcrt.ies ol' ~'ssrts nf the \cci~l body, the _Boarrl-~hr,\l pa~·tothat borly such :\JHount and on such tern1~ n.1Hl conditions rr'I 1nay h:• 1n11tually r,g"!'rtl t1pon. In the nbst•ncc of rny 'lUCh •~grcc·mcnt, th" s~;1tc GoVCl'lllil"l!t sh~d\ lk·1'c1·1ni11l' the tllllr•Ullt tv hL pnirl to the local ho1ly Ol\ thi_• ]J,._,j; or th~ Yn]n:1Jio11 !ll»dC 1111.-l<'J' sn\J-~(Cj;()Jl (2) n11fl 1,fter tri.king int.() ('.Jll->h\1-r;11-ion t.h<' ,,p·tuloi·y d,1\y Pl' tlu· lrcid horl~- tu provide 'vatr1 supply :\nd s·,".V·'I'>\~·' ""rvir"R, 1-h" grants r,-rPiYtd by th\• lc('rJ b(ody fro1n tint; to (.int~, thr out~tr>,nrling lu:•,n lii\bilities oft he leer.I lJcdy gnd-~nch oth··r l'"l<_•vn.nt: fgctor.~. The d•_'C'i~·lon ofthr St11t0 Go\·cr111n0nt shall br final 11nd hin(li11g on the pflrti0~. (Ii) Xo;,.,[th1t.:~-ntling nnyihing contc".ii:rtl i11 ~ub---"etioi1 (4) the tunount pay;1.hle hy t.hr_· B:ir,nl to the locn.l body under th!'-l· fl11b-srction n1ny, rt the option of th<: B0rird, he trc~•trd, \V}1olly or _partly, to br t.hc grr:.1:\- of loan to the Board on such t-cnn<; and conditioE~ as the Statr Govern1nl·nt may specify. 22. In respect of \Vatcr works taken ovC'r from a local body by the B'1ar<l, all d"hl~ a:Hl oblig,iti-Jnfl incnrr<'d, nil contractfl C·ntl'red i11to, rll 1n'\tter~ and thing~ engag•'rl t0 be done by, ·with 01· for any locpJ bcdy prior tn taking O\'<•r th-~ \Vat.rr \\'1lrk~ by the Board shall be dcc1nod to have been incurred, entrr0d int.D or Pngag,•d to be done hy, V>'ithor for the Boa.rd and all suit~ or other IC'gal proe<'e(lings i11st.ituted or which might, but for t~,\nsfcr and vesting undrr sub-<,>t·ct;ion (1) ofr;ection 21, ha'iC beC'n instit-uted, or defendl'rl by or ag;1inr;t. th0 local body, n1f!.y be continued 01 institutC'd or defended by or agai11st tl.e Board. ,, .- --,, Doan! t.o -888Urin:i oblig11tion1 in resp1.10• of matt.ors io which this Aot applies for water works taken over from looaJ bod!<• .. Takhi1 OTtd' Of _,...., ........ men\ of ...... workl or M-1Y9\e1D of ..... ....,.., ....... Power of local body ~ ontl'Q8' ....... •• , .,yriem for main· -·" ••• oporaUon. ·! '. / lnTMilp­ tiOD and prOparatlon. "' GUJ, GOVT. GAZ.1 EX.1 MAY 61 1979/JYAISTHA 161 1901 [PAB'r IV 23. (1) Notw,;t.h~:,:udirg: al!ytlt ng C'oJ1ta:ned in scr.tio1, 21 or in the r \, va1,t loc,•.I hUth<Jrity [;,\\' for the time b1·ing in fcrcl', \Vhcrc> the St-&te Govrrr;m;0nt is of opinion, iJJ the ca'le of any ·wnter works or S{-'\\'t·r11.gc system operated and run by fl local body in ;iny arc:- thr.t th{' opl·r?ticn rnd manage­ ment thereof should in public intrrest be taken over by thr Bor.rd for a t.<"mp:ir:\ry p1:riod the State Govcrunu::nt n1ay Uy notificntion in the OffWial Gazette, direct t.h(• Bot1rd l<J IP.kl· ovf'r for the purriosc of opcrv.tion and IIDl.nag•-ment such water works or sc-wcrage syste1n for such period not excec­ diug five years in th0 first infltauce, nnd 011 such terms and conditious as may be specified by the State GovC"rnment in ~uch notification and thereupon thl' local body concerned shall trAnsfer such works or system to the Board and the Bar.rd Rhi!.ll tak•· over fro1n thC' lOl'P.I body i;uch 'vorks or system for t.he aforrsaid purposC' e.nd for 1-hc pe1·iod and on the tcrrns and conditions as aforc.~aid. 12) I· shall b(• lawfnl f01 thr State Government to extend from tin1c t;, tin1.o th'' p~·rit1d sp ·cifi~~d for th'' purpose of sub-~ect.ion {1) in thl· case of any water 'vorks or sew0rage systen1 so however that such i101iod in the aggregate does not exceed ten years. (3) Tho terms and conditions to be specified under sub-sect.ion (1) may also iuclude the terms and conditions relating to the restoration of the posse8Sio11 of the water works or sew(' rage systc1n so t!lken over to the local body on the trnuin!\tion ofthr pe1iofl Specific·d u1irlcrsub-f:rction (1)orthc prriodas f'Xtcndcd und; 1 sub-8t'Ction {2). (4) The taking over of n11y \Vfltt'r \Vorkc; or Sc'V.'l'ti'gc sy~!<"m by the B. ·.rd u>·d r ;uh-,rc<-i ,. (1) , il •hr r!'~'-r•11't;(>J, t],,-rr·rf to tll'· ],·rr I bcdy1111d<r ~uU-'l·'C j . .,. {3) -,h.Jl ui,r pr•jud.ec l~11y right~ in r(sp•,•ct pf ~uch \Y~rkfl or systi,m \vhich any oth<"-r person m"'y bP entitled by duo process of law to enforce against the local body or thr Board, as the case ma)' be, 24. Notwithstandiug any~hing contained in the relevant local authority law for the time bf'ing in force, it ~hi!.ll b•· lawful for nny local b0d3'to f'ntn1st to the Baa rd, for the purpose of mr,l11t.rn8nCC', OJ_lPrl'.tio11 ?.nd ru1! n ir1g. r_ny water supplyseheme or S(',V!·ragr' sy~t··m wh01ly or r1:rtl3', npr•P ~nch t. 1•ms i;nd colldi­ tions a.s :may br n111t.ually l'.grP""rl 11po:i. CHAPTER V. INVESTIGATION, PREPARATION AND EXECUTION OF 8CHE:P.IES BY THE BOARD. 25. (1) The Board may, at tho request of a local body, iuvostigate the nature and type of a scheme that such local body may like to be undertaken by the Board for providing water-supply and sewerage facilities in any area, having regard to the economical and other local condition~ of such area in all their aapeots, undertiako survoy of such area and decide upon tho feasi­ bility of preparing or implomonting suoh scheme. {2) Al3 soon as the investigation undoriaken by the Board is oomploted with reapeot to any area and tho Board considers it feasible to prepare or hnplement the soheme, it shall give intimation of its decision to undertake suoh soheme to the looa.1 body under whose jurisdio~iou suoh area falls and PA.BT IV] GUJ. GOVT, GAZ., EX., MAY O, 1979/JYATSTRA IO, 1901 "' preparn a preliminary scheme stating therein an estimate of the expenditure that is likely to be inQ.urred in regard to the ooheme and also the other salient features thereof. (3) The Board shall also prepare a detailed phased programme in the manner prescribed for the execution of the scheme and work out priorities with tho approval of the Government, -- .-~ . __ W Aftor the prioJieies ~v8"1reen worke~t a~·appr~ by the State Government, the,..BOa.rd""'Shall prepare a dra~e-ioii'Sistent therewith:} .- r / (5) The Board shall, in a meeting oonvened for the purpose, examine the draft scheme in all its aspects. A representative of the local body concerned in the scheme, shall be invited to attend suoh meeting. Ee.oh suoh person may participate in the discussion and express his opinion about any aspect of the soheme. · (6) If the Board on a detailed examination is satisfied a.bout the feasi· bility of the draft s~e, it shall forward the same to the State Government __ for approval. / &' . 9 / 26. As soon as may be after the submission of the draft scheme under sub-section (6) of section 20, the State Government shall within suoh time as may be prescribed, either approve the draft scheme1 or approve it with such modifications as it 1nay consider necessary or return the same to the Board with directions to modify· it or to prepare a :fresh draft scheme in e.ocordanoe with such directions and the Board shall aooordingly modify or prepare a fresh draft scheme, as the case ~y be, a.nil resubmit it to the State Govemment for approval. _.....----------, _'__/ 21. (1) The State Government n1ay by an order, accord its approval to the draft scheme. (2) An order iss11ed under sub-section (1) shall be conclusive cvidence that the soheme has been duly made and approved. The soheme shall thereupon become final and shall be oalled the "approved scheme". ; ~. It shall be the duty of the Board to execute the approved scheme in the areas of the looal body or local bodies concerned. · tis. The oost of investigation, preparation and execution of any such scheme undertaken by the Board shall be initially incurred by the Board out of its funds but it shall be recoverable from the concerned local body or local bodies in euoh m.annner and in such instalments a.s may bepresoribed.~ Ezplanation.-The cost relating to the investigation, preparation and exe· cution of any scheme by the Board shall include all incidental expenses .1 incurred by the Board in connection therewith. ~ f-0 J 30. A local body concerned with an approved scheme shall provide noo~<t~ary assistan1e to the Board -for tho proper execution of the approved scheme within the territorial lim.it3 of such local body. Approval of 1cheme by StatG Govern­ ment. Ieene of order of approval of draa achom<i. E1:eoution of approved :Ci!e~~~-/~ -- Cost of ae!111mo. J..ocel body "' provide oddquate faoilil.i.ea .. """"/ > . ( Trt.ntifer of finally oxe.euted •chomo to Jocal body. £..-&0~1t.iou Of OOntl't.Ct. by Board. B0&rd Fund. Otber fund> of the Boat·d. ~neral princip1e4 fot th& Boa.rd'• finnne&. Qrantl a.nd subveot.ion• t.o the Boards. Loe.n• t.o the Board. boitial eontri. lution of Govern· ment to lbe Bo&rd Fo.nd. . . . .. - .. ..,v..a:.-uAZ., EX., MAY 8, 1079/JYAISTRA 18, 1901 31. (1) When an approved scheme has been finally exeout ca - . he Board, all works completed thereunder and the property appurtenant thereto shall be transferred to the local body concerned in such manner and subjeot to such conditions as may be prescribed and it shall th~reafter be the respon· sibility of such local body to maintain them. (2) The local body shall levy suoh rates for water supply and sewerage as may be suggo.sted to it by the Board. (3) If a dispute arises as to the property which is to pass to a local body along with the ,.orks executed under a scheme, it shall be referred to the State Government for decision and such decision shall be final. CHAPTER VI. Co.N'rRAcr, FINANCE, Accotmrs AND AUDIT 33. E v. ry C<•nt.l\\Ct· or assurance of properly on l'ch lf of the Bo~rd shall be in writing <lnd oirec11ted by such authority or offiC'r ~nd i1l such monncr a, ma.y be prMidcd by regulati<.i:s. 33. The Board shall establish a fund to be called "the Board Fund", which shall be deemed to be a local fund and to which shall be credited all moneys reoeived by or on behalf of the Board, othe.rwise than by ,.ay of loans. 34. (1) The Board shall also establish another fund to be called "the Loan Fund'', which shall also be deemed to be a local fund and to which shall be credited all moneya received by or on behalf of the Board by way of lo~. (2) The Board may, with the previous approval of the State Government, establish &-uch other funds as may be necessary for the efficient performance of its duties and discharge of its functions under this Act. 35, The Board shall not, as far as practicable, and after taking cl'edit for any grant or subvention from the State Government undor soction 36 carry on its operations under this Act at a loss. 36. The State Government may, after appropriation duly made in this behalf, from time to time, make grants and subventions to the Board for the purposes of th.is Act, on such terms and conditions as the State Government may detennioe. 37. The State Government may, from time to time, advan0<> loans to the Board on such terms and conditions, not inconsistent with the provisions of this Act, as the State Government and the Board· may agree upon. 38. After appropriation duly made in this behalf, the State Government may make an initial contribution to the Board Fund of rupees one crore or such lesser sum as it thinks fit. ............ -· ...... ···-·· - .. .. P ART IV) GVJ. GOVT. OAZ., EX., MAY 6, 1979/JYAISTHA IG, 1901 151 39. (1) The Board may, from time t-0 time, with the previous sanction of the State Government and subjoct to the provision$ of this Act and to such conditions as the State Government may, by general or special order, impose, bon'Ow any moneys required for the purposes of this Act by making arrange­ ments with the Banks or other bodies or institutions approved by the State Government for this purposo. (2) The Board may advance any part of such borrowings to any local body for the performance of its duties and discharge of its functiolll! relating to war.er supply 1111d sewerage services on such terms and conditions as the Board may determine. 40. The Board shall creato a depreciation reserve and make annual provision therefor in accordance with such principles as may be prescribed. 41. The State Government may guarantoo the repayment of any loan and payment of interesi; on all or any of the loans given or transferred to the Board for the purposes of this Act. 42. (1) The Board shall, before the commencement of, and may at any \ ime during, a financial year, prepare a statement or a supplementary state­ ment, as the cMe may be, of the programme of it.s activities during that year as well as a. fmancial estimate in respect thereof and the same shall be sub­ mitted to the State Government in such form and by such dates as the State Government may, by general or special order, direct, for the previous approval of the State Government: Provided that, in the event of such previous approval not being received before the oommenccrnent of the financial year for which such financial state­ ment has been •ubmitl;(:d, the Boa.rd shall.be entitled to expend on all accounts upto an amount not exceeding the amount t>pproved for the corresponding period of the previoui; financial year and such amount shall not inoludo any sum spent out of th~ grants and subvention:; during ohe said period. (Z) The Board shall cause to be maintained such book< of account and other books in rela1,ion to its accounts and prepare the balance sheet in such form and manner as the regulations may require. (3) (a) The account• of the Board shall be audited by such Auditor, iu such manner and at such times, as the State Government may, by general or special order, direot. (b) 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 disallowance and surcharge as may be prescribed. (4) The accounts of the Board as certified by the Auditor together with t he audit report thereon shall be forwarded annually to the State Govern­ ment, who may issue such directions to the Board M it may deem· fit and ~he Board shall comply with such directions. (6) The State Government shall cause the acco11nts of the Board to be published in such manner as it thinks fit. Power to borrow and relend. Doprccia· ti on reeeT've. Govont· ment at guarantor. Accounts and audit. Cost of wat.el', """ ,, di11poaa.I of wast.e water. }{et.er 1'$nt andf- '" aervioee:, DepoBitB. Recovery of euma due to the Board. Definition of supply of water for domeatie purpo1e11. "' GUJ. GOVT. GAZ.) '.B:X:., MAY 6, IV'19/JYAIS:Tiu. 161 11101 CHAPTER VII FEss AND CHABGRS, 43. (1) The Board shall; by notifioatiOn in the Official Gazelle, fix the eost of Water to be supplied aooording to volume, and also the minimum oost to be oharged in respeot of each oonneotion. (2) The Board may, in lieu of charging the cost of water aooording to volums, accept from any oonsumer a fixed sum for a specified period on the basis of expected consumption of water during that poriod. 44. (1) The Board shall, by notification in the Official Gazetie, fix the cost of disposal of waste water according to its volume (which may be suoh percentage of the volume of total water supplied to the consumer as may be prescribed), and also the minimum cost to be oharged in respeot of suoh disposal. (2) The Board may, in lieu of charging the cost of disposal of waste water according to the basis stated in sub-section (1), accept from any conawner a fixed sum for a specified period on the basis of expeoted disposal of waste water during that period. 45. (1) The Board may provide water meters and oharge suoh rent fnr ih6 meter as may be provided in the bye-laws. (2) The Board rua.y charge fees for oonnootiou, disconnootion and re-conne· ction of any water supply or sewer or testing or supervision or for any other service rendered or work exoouted or supervi11ed at such rates as may be provided by the bye-laws, 46. The Board may by bye-laws provide for requiring any consu1ners or olass of oousumors to deposit such sum.a as may be specified therein as secu, riby for prompt payment of its duca and due performance of the conditions subject to which services are rendered to them. It shall Le lawful for the Board to recover its dues from tho amount so deposited. 47. Any sum due to the Board on account of cost of water, costi of dis­ posal of waste water, meter rent, fees, oharges or otherwise under this Aot, shall, without prejudice to any other mode of recovery be reooverable as arrears of land revenue. CHAPTER VIII W A.TEB SUPPLY, 48, Thesupplyolwa.terfordome9tiopurposoound&r lhi9 Ao• means 1up!Jly for any purpose, except the following, nam&ly:- (a) for any trade, manufacture or busineBB; (b) for gardens or for purposes of irri~tion; PAB'l' IV) GUJ. GOVT. GAZ., EX., MAY 6, 1979/JYAISTRA 16, 1901 ,.. (c) for building purposes, including construction of atreeN; (d) for fountain.II, swimming pools, publio bath or ta.nb or for any om.a.. mental or mechanical purposes; (e) for animals, where they aro kepb for salo or hire or for the sale of their produce; (j) for the consumption and use at a restaurant or by inmates of a. hotel, boarding house or residential club; (g) for the oonsumption and use by persons resorbing to lheatre.s and omemas; (~) for watering streets; er (i) for washing vehioloo where they are kept for sale or hixe. 49. No person shall, except in suoh oiroumstances or subject to suoh con­ ditions as may be provided by the bye·laws, use or allow to be used water supplied by the Board for domestic purposes, for any other purpoi6. 50. (1) No person, other than a plumber licensed by the Board sh&ll execute any work in respect of a water oonuection not being work of a trivial nature and no person shall permit any such work to be exeouted by a person other than a licensed plumber. (2) 'Vhen any work is executed in contravention of the provisions of sub­ saotion (1), such work shall be liable to be dismantled at the discretion of the Board. 51. (1) No owner or ocoupier of any premises to which water is supplied by the Board shall oause or suffer any \Yater 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 oau.so wastage of water. (2) Whenever the Board has reason to believe that as a result of de!eotl in a service pipe or tap or other fitting or work oonneoted therewith water is being wasted, the Boa.rd may, by written notioe, require the consumer to re­ pair and make good the defeot within snob time a.s may be speGified in auGh notice. · (3) If snob repair is not oa:rried out within the time specified, the Board may, without prejudioe to any aotion whioh may be taken a.gainat the oon­ sumer under any other provision of this Aot, oause au.oh repair to be made. The oost of suoh repair shall be realised from the consumer. 52. (1) The Board may out off the water •apply from any premi811,- (a) if any fee, rental, oost of water or any oharge or other sum due under this Aot, is not paid within a period of fifteen days a&! servioe of a bill for the same; or WaWr111~y for dom11at10 plU'pOlllll nQt .. ...... for non• .. _. . .......... IAoenMd plumNns. Probibltlon of wut&go of wator. Po1m' to out offwat. 111pply. Prohibition or oert.&in ether aote. GUJ. GOVT. Gil~·, Jil:Z:i, MAY' 6, 11>71>/JYAIS'i'B:A l6J 1901 [PABT IV· (b) if after the reoeipb of A written, notioe· from the· Board: reqniring him to refrain from 'so doing, the consumer oontiinues to use the water or to permit the same' to be used in. oontravention of the provisions of this Aot or any rules or regulations or bye-laws; or (c) if the oonsumer damages or causes to be damaged the water meter or any connection pipe or ferrulej OD (d) iftheconsumerrefusestoadmit any officer·or servant of the Board duly authorised in this behalf into the premises- whioh he· propOsea·to enter for tho purposes of executing any work or plaoing or removing any apparatus or 0£ making any examination or inquiry in oonneclrion with the water supply or prevents any such officer or servant from exeouting any work or plaoing or removjng any apparatus or making such examination or inquiry; or (e) if the sorvioe pipe or any· tap· or other fitting· or work connectsd therewith is found on examination by an officer or servant of the Board duly.authorised in this behalf to be out of repair to such an extent as to oause -we.stage or contamination of water and immediate prevention· thei:eof is neoesaruiy~ or (j) if the consumor causea or allows W be 'oaused the service pipe or any tap or other fitting or work connected therewith to be placed, remo­ 'ffll.· repaired or otherwise interfered with, in contravention of the provi­ eiona of thie Aot orof the ·rule& or regulations or bye-laws; or (g) it by reason of leakage in the service pipe or·any tap ·or other fit~ ing or work, dam.age is oaused toe. publio street and immediate prevention thereof is neoeasary. (2) No action taken under or in pursuance of this section shall relieve & person from any penalty or liability whioh he may have otherwise inourrod. (3) The Boa.rd ma-1 reconneot the supply of water disconnected Under 1JUb<.SOOtion (1) on· pe.yment of ·suoh ohargea and on suoh terms and coadi­ tiona as may be provided by bye-l&WB. 53. (1) No l"""'n eh•ll- (a} wilfully obstruot any person aoting,under the authority of the. Boaid in setting out the lines of any work or pull up or remove any pillar, po~{· or atay fixed in.the ground for the purpose· of setting out the liooa of_ suoh worb, .o.t dofaoo or destroy any worlcs made for the said .purp086Si or (b) wilfully or negligently bre&k,.injure, turn on, ·open, oloae, shut off.· or otherwiae interfere with any look, cook, valve, pipe, met& or other work! OJ: &pp-UB' boloµging"to' {;he-.Boazd; OJ: (•) ,, wW,wfully, obelmot tho flow, of ,or flwih, dra., •off, or divert or - ~.Jn»n. any we.t.fr ;worb bolQng,ing to -the-Boord. or any water -co1U'88 b7 whioh any au.oh water ia supplied; or l'ABT IV] GUJ. GOVT. GA~, E:X., MAY 6, 1979/JYAISTHA 16, 1001 ... (d) ob&truot any offioer .or servant of the Board in the -performanoo mid discha?ge of his duties and functions under this Chapter or refuse or wil­ fully negleat to furnish him with means necessary for the making of any entry, inapeotion, examination or inquiry ·thereunder in relation to aiiy watemorks; or (o) bathe in, at or upon any water works, or wash or throw or l)aUse t.o enter therein any animal or throw any rubbish, dirt or filth into any waterworks, or wM.h or olean therein any oloth, wool, or leather or the Bkin of·any,animal, or cause water of any sink or drain or any steam engine or boiler or any other polluted wat.er to turn or be brought into any water­ works, or do -any other a.ot whereby the water in any we.t,er works bolo~-, ing to the Board is fouled or likely to be fouled. (2) Nothing in ola.use (b) of sub-seotion (1) shall apply to a OOnBUmer clo­ sing the stop-cook fixed on the service pipe supplying water to his premises so long as he baa obtained the oonsen.t of any other ooJl,8Ulllor whose supply be l,lffooted thereby. CHAPTER IX SEWEJU.GB. 64-. The owner or occupier of any premises llhall be ·entitled to ··empty sewage of the premises into a sewer of the Board, provided that, before doing so, he- (a) obtains written petm.Jss1on of the Boa.rd a.nd pays, connootion fee and other ohargos in aooordance with the bye-laws; and (b) complies with such other conditions as may be provided hy the bye-laws. 55. Where any premises are, in the opinion of the Board, without suffi­ oiant means of offeotual disposal of sewage and the sewer of the Board i.e situated at a distance of not 1noro t'.~an fift.ymetroo from any part of the premises, tho Board may, by written notice, require the ownor of the said promises ,to have sewer COJUlection as provided by bye-Jaws. 56. No person shall, without permi&sion of the Board, make or oaUE"e to be made any connection or oommunioation with any sewer of tho Board. 57. No person shall, without the permission of tho Board, construct any private street, building or other structure on any sewer of the Board. 58. Tho Boa.rd may, for the putpo<ie of ventilating any aewer or oess-pool, whether vested in the Board or not, erect upon any premises or affix to the outside of any building, or to any tree, any shaft or pipes as may appear to It to be,,_.,,..,. Right or ollller or oooupiel' to obtain 11ewer oonneGtion. l'oW'el' to ~-owner 'kl ha Te eewe.r oonne­ otion. Prohlbitllm or connootfou with aewer without permiaaion. l'roldbitfon of OOn.Btruc­ tion orprl­ vateBtreet or building over eewer with. ont pennileion. Powe.rt<> affix ali,e.ft etc., for ventilation of111&weror oea pool. ........ eXamlne and telt 1ewer eto. believed to b• deHotl'Q. Prohihitio11 ofoert&in otb.er aotl. Power of entry, lllUTef "'· , .. GUJ. GOVT. GAZ., EX., HAY 6, 1979/JYAISTRA 16, 1901 [PA.BT IV 69. (1) Where it appears to the Board that there are reaSonable grounds for believing that a private sewer or cess-pool is in such oondition as to be - prejudicial to public hoal~h or to be a nuisance or that a privat.o sewer com· mUJJ.ioa.ting directly or indirectly with a S&W6I' of the Board is so defective as to e.dmit sub-soil water or grit or other materials, the Board may examine its condition and for that purpose may apply any toot, not being a t'611t by vator under pressure, and if it dooms it necesi>a.ry, open the gtoWld. (2) If on examination the sewer or ooss-pool ir. found to be in proper con­ dition, the Board shall, as soon as possible, reinstate any ground which has boon opened by it and determine and pay compensation for the damage oaused by it. 60. No poroon llh.all- (a) wilfully obstruct any poraon acting under the authority of the Board wider this Chapter in setth:tg out the lines of any works or pull up or romove any pillar, post or stay fixed in tho ground for the purposes of ·setting out lines of such work or deface or destroy any works made for the said purposes; or (b) wilfully or negligently break, injuro, turn on, open, close, shut off or otherwiso interfere with any lock, valve, pipe or other workJ or apparatus belonging to the Board and pertaining to its duties and functions under this Chapter; or (c) unlawfully obstruot tho flow of, or flush, draw off or divert or talce sewage from any works belonging to the Board; or (d) obst1uot any officer or servant of the Board in disoharge of his duties under this Chapter or refuse or wilfully negleot to furnish him with the means neoessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any sewage~.workd. 61. (1) Any officer or servant of the Board authorised by it in that behalf, may, with or without asai.tants or workmen, enter into or upon any premises in 01der- (a) to make any inspeotion, survey, mea.o;urement, valuation or inquiry; (b) to rake levele; (o) to dig or bore into the sub-soil; ·1 (d) to oot out tho botmdaries and the intended lines of work:; (e) to mark such levels, bo\Uldarios and ijnes by placing marks and cut­ ting trenches; or {f) to do any other thing necessary for the purposes Qf th.iH Act or any rules or regu]ations or bye-laws : PART IV] GUJ. GOVT. GAZ., EX., ~1AY 6, 1979/JY • .\.ISTRA 16, 1901 157 Pro vi clad that, in oxercising the pow ors wuler this sub-section clue regard shall bo paid by tho officer or servant of tho Board concorned to the social and religious customs of tho occupantq of tho premises. (2) ''7hen any porson is entitled to enter into or upon a'l.y pre1niso.'> in eXeroiso of the powors under sub-section (1) ho may also enter in similar manner into or upon any adjoining pro1ni~es for ally \\'Olk authorised by or under this A.ct or for the purpose of depositing therein, any soil, grilld stone or other rnatcrials or for obtaining acco.~s to i!Uch work or for any other purpose conno;:ited 'i\'ith the execution of tho same . • (3) It shall be la\vful for any authorised officer or ser,·ant to ir,ako any entry into any plaeJ to open or ca11se to be oponcd any door, gate or other ban·ier- (a) if ho consider;; t.he opening thereof nocessary for the purpo;;o of such ent1y; and (b) if tho O\vner or occupier is absent or being present ref1L~es to open such door, gate or bar1ier. 6Z. Any officer or ser\'ant authorised by the Board in that behalf may have any tank, pool or well, cleaned or disinfected aftor notice to the O'\•ner or occupier, if an)', when it appears that such cleaning or disinfection will prevont or cheC1k the i;_rread of any dangerous disease. The co:,1:. of cleaning or disinfection shall be rocoverablo by tho Board from the owner or occupier of such tank, pool or well. PE~ALTIES AND PROCEDURES. 63. \ljTboe1·er contravene.<: any of tho provi· io:1~ of this Act or of anyru~c or by-la\v Ol' f~i\;; to comply ·with any notice, ord('r or icquisition issued under this Act or any rule or hye·hnv, shall, on conviction, be pw1ishccl with fine which m'Ly extend to one tho1L'>and rui:ee~, and "•ith further fine which may ext,end to fifty rup~es for every day on v.'hich ~uch contravenl.ion or failure continues after the first conviction. 64. No co:.irt shall tl'.ke cogoizPncc of any offence under t.Jjs Act., except. on the complaint of the Board made within six m-u1ths next after the commission of the offence. 65. (1) '''hrre an offence under this Aet hr.s been committed by a comprnlJ', e\·ery pe1·<1on who at the time the offence "'i\';;s committfd 'i\'as resp1n~ible to the conlp'l.ny for the conduct of its buJiness as well as the company, sh'l!l te Leem~d to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that, not.hing cont'lined in this sub-section shfl.l! render any such pO\r.>on liable to any punisb1nen\ if he proyes that the offen~e v;as committed without his kno\Vlt!dge or that he exerciser! a \1 due diligence to prevent the commis~ion of such offencr, IV-Extra-35 rower to disinfect tanks, poola and well~. General penalty. Cognlzane,& of offence. Offenoes b.J eompaniet. Power to """'' "'""'" commi~ting an offonco and ~fusing to give oame aud addniss. DirooMons t.o the ,Boa.rd on questions of polioy. Annual .roport, atatletlos, .roturns ... "''"'' JnfOt• m11.tlon by ttie Board, 15' OUJ, GOVT, GAZ., EX.1 MAY 6, 1979/JYAISTHA 16, 1901 [PART IV (2) Notwith.~tanding anything contained in :-:11b-seclion (1) \Vhere any offence unclerthis Act has been ccrumitttd by a cc1r .. pan)'aL.d it is pre.vi d 11'.at the offence bus been committed with the co11s£nt or connivance of, or is attributable to any neglect on thC' part of a11y dirrctor, manr.g<1, 1ecre1ary or other officer of the company, such director, lnflnr..g<r, secrftr.ry or c.thc.r officer shall also be deemed to be guilty of that of'ence ar.d shall be lieblP to be proceeded agaillst and punished accordingly. Ex-pla1Vltivn:-For the purposes of this section-­ ,. (a) •company' means any body corporate and ir.cludcs a firm or other association of individuals, and (b) 'director', in relation to a firin, means a partner in the firm. 66. It 11hall le lawful for any officer of tle Board authorisrd by it in this behalf to arrest and hand over to tle officer in charge cf the i_earest police seation any person who commits or is suspccted to havc ccmmittfd an c fl'ence punish3b'.e under section 63 and who on {emand refuses to give his true name aru] address or where there is rfason to bPlieve tha.t the ni me er tddress given by him i.~ not cor1 e~t. Such police cffic<>r shi,ll r do pt such 11 g1 l n:.ea­ sures as may be necessary to cause tl.a~ person to be tel en leforc a rifagistr1-.tc wit-h the least possible delay. 67, (1) 'fle Memler-Src:etary or any other offi,er of the Board aut.horised by it by general or apecivl orl'er in that lelalf n1r.y, either lefcre c.r after the institution of prccel'di11go1 for any cff1 uct' punishable uLder this Act., acct'pt fron1 any person charfeJ with such cffri:ce by 'vay cf ecnlposition of the offeHce a suin not exceeding two thcus11nd rupees, as he thiLks rroper. (2) On payment of st.ch sum, no further procecdir.gs shl'.IJ be taken against t.he said person in respect of the sa1nc offen(e. CHAPTER XI EXTERNAL CON'fI.OL 68. (1) In the perforn1ance of its dnties and discharge cf its functions, t.Le Board shall be guided by such dirrcticns on questions of iiolicy ts n1ay be given to it, from time to ti1ne, by the State GcverLJreut, in w1itir,g. (2) If any question a1ise1, whether any matter is or is not a matter as respects which the Stnte Government ntay issue a direction tn:der sub-~c('tion (1), t.he decision of tLe State Govcrnn1rnt sliall be fiuf 1. 69. (1) TLe Board shall, as soon as inay be after t.he End of each firancial yeJ.r, p~epare and submit to the Str..tc Govcrnrrent leforr such dE.te l!Ld in such form as the State Govern1nent inr.y di1ect, a rEport givirg an f-C('<Unt of its activities during t.he previous financial year, nnd the r{pcrt shall fl-l:o give an account of the activities, if any, which nrc likely to be ur:dcrtskcn by the Board in the nel..t finar.cial yca1-, Th, Statr Gov<>1nment shall cause CY<'ry such report to be laid l efnr<' th<' State legislature, as soon as may be after it is received by the S"ta~e Government, 'I P.i.BT IV] GUJ. GOVT. GAZ., EX., llAY 6, 1970/JYAlSTHA 16, 1901 169 (2) The BJarJ shall also furnish to the State Gvvet•nn1('nt at such times and in such form and nl'lnner fl'; the State Gvvcrnnlt·nt inay direct. sucl1 sta· ti.sties and r<lturn<; an(l such p:nticulara: in regard to any proposed or existing activities of th" Bo:ird or any oth('r matt.er under the centrol of the Bo(l,rd a'l the State G0v~rn1n('nt may, from time to time, -tcquire. CHAPTER XII MISCELLANEOUS 70. The provisions of th.is Act in so fat as they are applicable in relation to any water supply schemB or sewerage system shall, so far as may be, be applioablo to any part of such schom~ or system. Expkmation.-For the purpose of this section, "part" means- {i) in relation to a water supply scheme, tho part of such scheme from tho main source of water supply up to the high level reservoir, {both inclusive), and (ii) in relation to sewe-i:age system, the part of tho system from the main pumping station upto treatment works and works for disposal of offu.enV {all inclusive). 71. If in tho opinion of the Board, local conditions so require and it is considered by it necessary or expedient in the interests of the efficiency and improvement of water supply or sewerage services in any area, the Board n1ay, by general or special order, entrust, unconditionally or subject to such con· ditions as may be specified by it in the order or ltpon such terms an(l condi· tions as may be mutually agreed upon, to a committee or other body appoin­ ted by it or to any officer or authority exercising any powers or performing any functions in relation to such area under any law for the time being in force in that area, such of its pJwera: and duties under this Act, as it inay deem fit, in. relation to any \vater supply scheme or sewerage system in such area. 72. If the St11.te Government is of opinion that it is in the public interest that the Board and other looal boclies hflving jurisdiction over contiguous area should co-ordinate their a.otivities in relation to water supply services or sewerage facilit,ies or both, it may is3ue such direction'! to the Board and the other local bodie3 concerned ag it m.fly think fit and it shall be tho duty of the Boa.rd and such loaal bodie3 to c·11nply with S\lch directions. / 73. (1) All local bodies shall render such help and assistance and fun1ish such information to the Board and shall make available for the inspection and examination of (and if necessary, preparation of copies from) such record~, maps, plans, and other documents as the Board may require to perform and discharge its duties and functioni; under this Act,. ,.,.,~ -~ / J_ (2) Without prejudice to the -provisions of sub-section (1) every local body shall on dem~nd make available to the Boatd on payment of reasonable Execution of oontrao~ by B~ard. Bo~rd to entrust its powors and dutios to a. committee olG, P.iwdr of Government; to issuo dircctiona '°' co-ordination of activiti(lfl of B<1ard an·l local bodiea, Duty of local bodies to a.SSi$t .• .- .. ·•" 162 GUJ, GOVT. GAZ., EX.) l'l[AY 6, 1979/.lYAISTHA 16, 1001 [·PABT IV (d) n.uy '1".hcr f.!c~ and charg,~s tO be paid to the Board for service to the consu1ners; (e) any :l~h~r ll\~~er for wh;ch p~oVi3iO 1 i~ to bJ or 1n'l.y be ma.de hy bye-law;;. ·plUNl'l!J) AT TUB OOVl!RNMl!Nr Cl!NIIUL PRl!SS, GANDmNAOAR.