Gujarat act 026 of 1980 : Gujarat Water Supply and Sewerage Board (Amendment) Act, 1980

Section 1. Short title

1. Short title.- This Act may be called the Gujarat Water Supply and Sewerage Board (Amendment) Act, 1980.

Section 2. Amendment of section 8 of Guj. 18 of 1979

2. Amendment of section 8 of Guj. 18 of 1979.- In the Gujarat Water Supply and Sewerage Board Act, 1978, (hereinafter referred to as "the principal Act") in section 8, for sub-section (1), the following sub-section shall be substituted, namely (Guj. 18 of 1979):-

"(1)(a) The Board may appoint such officers and servants as it considers necessary for the efficient discharge of its duties and performance of its functions against any posts (not being posts referred to in clause (b)), sanctioned by it,

(b) The Board shall not appoint any officers and servants whose maximum monthly salary exclusive of allowances exceeds sixteen hundred rupees per month, unless posts for such officers and servants are sanctioned by the State Government.".

Section 3. Amendment of section 11 of Guj. 18 of 1979

3. Amendment of section 11 of Guj. 18 of 1979.- In the principal Act, in section 11, for the words "Subject to the provisions of this Act", the words "Subject to the provisions of this Act and any general or special order made by the State Government in this behalf" shall be substituted.

Section 4. Amendment of section 25 of Guj. 18 of 1979

4. Amendment of section 25 of Guj. 18 of 1979.- In the principal Act, in section 25,-

(1) in sub-section (1), for the words "at the request of a local body" the words "on the direction of the State Government or, as the case may be, at the request of a local body, institution or individual" shall be substituted;

(2) in sub-section (2), for the words "to the local body" the words "to the State Government, local body, institution or, as the case may be, individual" shall be Substituted;

(3) after sub-section (2), the following sub-section shall be inserted, namely:-

"(2A) The Board shall forward the preliminary scheme to the State Government, local body, institution or, as the case may be, individual for approval."

(4) in sub-section (3), for the words "The Board shall also prepare" the words "Where the preliminary scheme is approved by the State Government, local body, institution or, as the Case may be, individual, the Board shall prepare" shall be substituted;

(5) in sub-section (5), for the words "the local body concerned" the words "the State Government, local body or institution concerned or, as the case may be, the individual concerned" shall be substituted;

(6) for sub-section (6), the following sub-section shall be substituted, namely:-

"(6) If the Board on a detailed examination is satisfied about the feasibility of the draft scheme it may, by a resolution passed by it approve the draft scheme, having regard to such restrictions as to the expenditure to be incurred for providing water supply and sewerage facilities as may be imposed by the State Government by a general or special order made in that behalf.".

Section 5. Deletion of section 26 of Guj. 18 of 1979

5. Deletion of section 26 of Guj. 18 of 1979.- In the principal Act, section 26 shall be deleted.

Section 6. Substitution of section 27 of Guj. 18 of 1979

6. Substitution of section 27 of Guj. 18 of 1979.- In the principal Act, for section 27, the following section shall be substituted, namely:-

"27. Approved scheme.- The resolution passed by the Board under sub-section (6) of section 25 approving the scheme shall be conclusive evidence of the scheme having been duly made and approved and on such approval the scheme shall become final and be called "the approved scheme.".

Section 7. Substitution of section 28 of Guj. 18 of 1979

7. Substitution of section 28 of Guj. 18 of 1979.- In the principal Act, for section 28, the following section shall be substituted, namely:-

"28. Execution of the approved scheme by the Board.- It shall be the duty of the Board to execute the approved scheme subject to the priorities approved by the State Government under sub-section (4) of section 25:

Provided that the Board shall not undertake execution of an approved scheme unless a contract is made in that behalf between the Board and the State Government, local body, institution or, as the case may be, individual, specifying among other things the approved scheme and the terms and conditions for its execution by the Board.".

Section 8. Substitution of section 20 of Guj. 18 of 1979

8. Substitution of section 20 of Guj. 18 of 1979.- In the principal Act, for section 29, the following section shall be substituted, namely:-

"29. Cost of scheme.- The cost of investigation, preparation and execution of any such scheme undertaken by the Board shall be recoverable from the State Government, local body, institution or, as the case may be, individual in such manner and in such instalments as specified in the contract referred to in section 28.

Explanation.-The cost relating to the investigation, preparation and execution of any scheme by the Board shall include all incidental expenses incurred by the Board in connection therewith.".

Section 9. Amendment of section 30 of Guj. 18 of 1979

9. Amendment of section 30 of Guj. 18 of 1979.- In the principal Act, in section 30,-

(1) for the words "A local body concerned" the words "The State Government, local body, institution or individual concerned" shall be substituted;

(2) for the words "within the territorial limits of such local body" the words "within the area of jurisdiction of the State Government, local body, institution or individual" shall be substituted;

(3) for the existing marginal note, the following marginal note shall be substituted, namely:-

"Adequate facilities to be provided to the Board.".

Section 10. Amendment of section 81 of Guj. 18 of 1979

10. Amendment of section 81 of Guj. 18 of 1979.- In the principal Act, in section 31,-

(1) in sub-section (1),-

(a) for the words "to the local body concerned" the words "to the State Government, local body, institution or individual concerned" shall be substituted;

(b) for the words "such local body" the words "the State Government or such local body, institution or, as the case may be, individual" shall be substituted;

(2) in sub-section (3), for the words "local body" the words "local body, institution or individual" shall be substituted;

(3) in the marginal note, the words "to local body" shall be deleted.

Section 11. Amendment of section 39 of Guj. 18 of 1979

11. Amendment of section 39 of Guj. 18 of 1979.- In the principal Act, in section 39, after sub-section (2), the following sub-section shall be added, namely:-

"(3) Notwithstanding that this Act does not extend to Cities and notwithstanding anything contained in sub-section (1), the Board may from time to time at the request of the Municipal Corporation of a City, constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949) and with the previous sanction of the State Government and subject to such conditions as the State Government may, by general or special order, impose, borrow any moneys required by the Municipal Corporation for any scheme for providing water supply and sewerage facilities undertaken by that Corporation, by making arrangement with the banks or other bodies or institutions approved by the State Government for this purpose, and advance the moneys so borrowed to the Corporation for the purpose of such schemes, on such terms and conditions as may be approved by the State Government."

Section 12. Amendment of section 73 of Guj. 18 of 1979

12. Amendment of section 73 of Guj. 18 of 1979.- In the principal Act, in section 73,-

(1) in sub-section (1), for the words "All local bodies shall" the words "The State Government, local body, institution or, as the case may be individual shall in relation to its or his approved scheme" shall be substituted;

(2) for the existing marginal note, the following marginal note shall be substituted, namely:-

"Assistance to Board.".