Madras Metropolitan Water Supply and Sewerage (Amendment) Act, 1985*
| [Tamil Nadu Act No. 16 of 1985] | [12th April, 1985] |
An Act to amend the Metros Metropolitan Water Supply and Sewerage Act, 1978
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-sixth Year of the Republic of India as follows:-
* Received the assent of the Governor on the 10th April, 1985 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 160, dated April 12, 1985.
1. Short title and commencement.- (1) This Act may be called the Madras Metropolitan Water Supply and Sewerage (Amendment) Act, 1985.
(2) Sections 2 and 9 shall be deemed to have come into force on the 6th July, 1984 and the rest of this Act shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of section 4, Tamil Nadu Act 28 of 1978.- In section 4 of the Madras Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978) (hereinafter referred to as the principal Act), for clause (a), the following clause shall be substituted, namely:-
"(a) the Secretary to Government in-charge of the department dealing with the subject "water supply", who shall be the Chairman of the Board, ex-officio;".
3. Insertion of new section 4-A in Tamil Nadu Act 28 of 1978.- After section 4 of the principal Act, the following section shall be inserted namely:-
"4-A. Appointment of non-official Chairman.-(1) Notwithstanding anything contained in section 4, the Government may, if they think fit so to do in the public interest, by notification, appoint a non-official as the Chairman of the Board.
(2) Where a non-official is appointed as Chairman of the Board, under sub-section (1), the Secretary to Government in-charge of the department dealing with the subject "water supply" shall thereafter function as a director of the Board, ex-officio."
4. Insertion of new section 11-A in Tamil Nadu Act 28 of 1978.- After section 11 of the principal Act, the following section shall be inserted namely:-
"11-A. Term of office and conditions of service of the Chairman. The term of office and the terms and conditions of service of the non-official Chairman appointed under section 4-A and the manner of filling casual vacancies in the office of the non-official Chairman shall be such as may be prescribed."
5. Amendment of section 14, Tamil Nadu Act 28 of 1978.- In section 14 of the principal Act,-
(i) in the heading, for the words "appointment as director" the words "appointment as non-official Chairman or as director" shall be substituted;
(ii) in sub-section (1),-
(a) in the opening portion, for the words "appointed as whole time director", the words "appointed as non-official Chairman as whole time director" shall be subsisted;
(b) in douse (e), for the words "in the case of nomination as a non-official director", the words "in the case of appointment as a non-official Chairman or nomination as a non-official director" shall be substituted;
(iii) in sub-section (2), for the words "If a whole-time, director", the words "If the non-official Chairman or a whole time director" and for the words "such director", the words "such Chairman or director" shall be substituted.
6. Amendment of section 15, Tamil Nadu Act 28 of 1978.- In section 15 of the principal Act,-
(i) for the heading, the following heading shall be substituted namely:-
"Removal of non-official Chairman and directors";
(ii) in sub-section (2),-
(a) in the opening portion for the words "remove any non-official director" the words "remove the non-official Chairman, or any non-official director" shall be substituted;
(b) in clause (b), for the words "as a director", in the two places where they occur, the words "as Chairman or director" and for the words "such director"; the words "such Chairman or director" shall be, substituted;
(iii) in sub-section (3) for the words "A non-official director", the words "A non-official Chairman or a non-official director" and for the words "appointment as a director", the words "appointment as the Chairman or a director" shall be substituted;
(iv) in sub-section (4), for the words "A non-official director" the words "A non-official Chairman or non-official direct of shall be substituted.
7. Amendment of section 18, Tamil Nadu Act 28 of 1978.- In section 18 of the principal Act.-
(i) in sub-section (2), the words "the Managing Director and in the absence of both" shall be omitted;
(ii) in sub-section (8), after the expression "or clause (d) of section 4", the expression or in sub-section, (2) of section 4-A shall be inserted.
8. Insertion of new section 78-A in Tamil Nadu Act 28 of 1978.- After section 78 of the, principal Act the fallowing section shall he inserted, ???:-
"78-A. Removal of disqualification.- No person shall be disqualified for being chosen as, or for being, a member of the Legislative Assembly or of the Legislative Council by reason only of the fact that he is a Chairman or a director of the Board."
9. Validation.- Any meeting of the Madras Metropolitan Water Supply and Sewerage Board or of any Committee thereof held during the period commencing on the 6th day of July, 1984 and ending with the 13th day of September, 1984, in which the Secretary to Government, Municipal Administration and Water Supply Department had participated as Chairman of the said Board, shall for all purposes be deemed to be and to have always been, validly held in accordance with law, as if the principal Act as amended by section 2 of this Act had been in force at all material times and the Secretary to Government, Municipal Administration and Water Supply Department had been the Chairman of the said Board, during the said period and any act done decision taken or proceeding conducted in such meeting shall not be liable to be questioned in any court of law.
10. Repeal and saving.- (1) The Madras Metropolitan Water Supply Sewerage (Second Amendment) Ordinance, 1984 (Tamil Nadu Ordinance 22 of 1984) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.