ORDERSBYTHEGOVERNOR
LEGISLATIVE DEPARTMENT : :LEGISLATIVE BRANCH
NOTIFICATION
The 9th January 1987 No.LGL.lll/85 139.-The following Act of the Assam Legislative Assen1bly which received the assent of the President is hereby published for general information.
1
28 THE ASSAM GAZE'l'O.'E, EXTHAORDINARY, JAN. 9, 198\ ASS.l\.l\f ACT II OF 1987
(Received tL2 &sscnt pf the P!'csi:k' tl't L¥1 :2.3th Dec. HJ86) THE ASSAM UHBAN WATC:i{ SUPPLY AND SEW~RAGE
BOARD ACT. HW5
A n
Ari .
to provic!e for the estahlishm~nt of an Urban Watci Supply and Sewe- rage Board for the development, maintenance and regulation of tho Water Supply, Sewerage and se>'age disposal works and for matters connected therewith in the Urbao areas of the State of Assam. Preamble.
Short tide,
extent and
commence-
ment.
Whereas it is expedient to provide for the establishment 9f ao Urban Water Supplyo ani Sewerage Board for the develop .. !!lent, maintenance and regulation of the Water Supply, Sewe• rage facilities in the Urban areas of the State of Auam and for matters ccnnected therewith ;
Be it enacted by the Assam State Legislature in tM Thirty-sixth ~ear of the Republic of India aa follows .:-
CHAPTER I
PRELIMINARY
(l) This Act may be called the Aaaam Urban Water Supply and Sewerage Board Act, 1985.
(2) · It shall txtend to all urbau area~ in Assam baa excluding the cantonment arcaa.
(3) It shall come into force on such date or dates aa. the 'State Govt. may, by notification, appoint and differeat . dates may be appointed for differeat areas. Definitions. 2. In this Act, unless the context otherwise require•-
(1) ''Appointed day" in relation to any local area means tho tiate of notification relating to that local area under Section 18.
12) "Board" means the Assam Lrban Water Supply and Sewerage Board. constituted under Section 4.
(3) ••Bye:laws" means bye-Iawa made under this Act.
(4) "Cbamnan,. means tlte Chairman of the Board.
(5) "Committee'' means any committee appointed under !"' ectfon 13.
(~) ••catchment areas" means all land throuah or under ~h1ch any wate~ flon. rwns or percolates directly or indirectly n.to any reservetr erected or used by tho Board in conncctioa with water aupply or drainage.
(7) "Cesa p:1ol'' inclades a atttlement tank ·or other tank for the reception or di1posal of ftuid foul matter from aay· premiaa;
,..
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TI.IE ASSAM GAZETTE. EXTRAORDINARY, JAN. ~. 1987 29
(I) UOireotor .. means the Di.rector of the Beardand illcludes 1he Chairma• and -~e Managlng Director ; · · .
(9) .. Drain•• · iaeludes . a sewer, tunnel, pipe,. ditch gutter. or chauel· or a. d,stetD, ftush•tank, septic tank or ether device or carrying oft' ~- 'treating sewage, offensive matter. polluted water, sullage, wiute water, rain water or sub-soil. water ~a · also includes any culvert, ventilation abaft or pipe or 'otll'er applianee «*fitting connected with luch drain, aad any ejectOI'Sf· compreSJCd air mailil*i •ealed, sewage mains and special machi•' nery or •. pparatoa ft!'aisin. &·coll~ng, expellin1 or·reme'ring aewa!e or offensiv~ f-..;tter from any place ; . I ~ '·
(tO) .. Drainage., mean~·' device for carryias sewage, ofJ'en- tive matter, polluted watet, waste water, rain water or sub. toil w.ater;
(11) "Domestic Putposes" supply of water for domestic pQrposes shall ~ean supply for any purpose except· (i} for trade. manufa-ct,llre, busii:JOss, gardens or irriaation ;1 (ii) for buildiDg purposes and construction of roads; (1ii) (or faun· tains, swimming 1pools, .~.yublic baths or taaks o.~· .. . fdi (orna• mental or mechanical Jt!lrpose ; (iv) for animals, , ;~fe¢ they are kept for a.jil)e or b)te 6r sale of their proda«;~ , (v} for
consumption. ~d usd" at ~ res.taurent or ~Y inma!~• of a
hotel, baardJbg;·house or residential club; (VI) · for Cftlnsump·
tion and use by persons resorting to theatres and1 dnemaa;
(vii) .f()r watering atreets ; (;>iii) for wasbiDg vchi~1 . where they are kept for sale or h1re. ·
~. ,~~ ,,
(12) "Government'' means the State Government.: ·
. ,
(13) "Houae-drain" meaas aay drain of' and _\IS~d / for the drainage of, one or more premises. ·-·
/.-' '
· . (14) ''Local area•• means.tti.o area faJiing witl;!.-jh the juria.;. diction of a Local body;> ·
(15) ''Local Authority,. means a Municipal Corporation, MQnicipal Board, Town Committee, Development Authority ·or any other local authority as !pecified by the State Gov· ,ernment. ·
(:6) "Land'' includes. {b~d~s land) benefits arising out of land, houseio and · th19p 'attached to she earth or per- manently fastenenq t._-~rt}'tiog attached -tG·the earth and also land covered~ _, _;vater ;
(17) "'Main" means a· pi.'pe" laid by the Board for the purpose,:.·ot giving a ,general supply 0f water as disUnctJreln a.....Upply to individual consumers, and includes U'l'f appliances ·and appurtenances used in connection with ameh a pipe ; { 18) ·,.Notification .. means a notification pubHshe&l .in: tbcr .oflieia! Gazette · -. ' • ,
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30 THE ASSAJ\i GAZETTE, EXTRAORDINARY, JAN. 9, J~8i
(19) "0ccblpier'' ia relation eo any premises includes :-
(i) any person · for the time being paying or liable to pay rent or any pottion thereof to the ownor in re3poct of these premises ;
(ii) an owner who is in occupation of those premises.
(iii) a tenant of those premi!es whCJ h exempted from paJ• ment of rent.
(iv) a licensee who is in occupation of those pl'emises ; and
(v) any persons, wl:io h liable to pay damages to the owner in respect of use and occupation of the premises.
(20) ••owner'' in relation to any premises, means the per- sons who recei 'les the rent of the said premises or wllo would be entitled to receive the rent thereof, if the premises were let and includes :-
(i) an agent or trustee who receives such rent on account of the owner ;
(ii) an agent trustee who receives the rent of, or is en- trusted with rhe management, of any premises devoted to religious or charitable purposei ;
(iii) a r!ceiver, administrator or ma'la~er appointed by r:.ny court of competent j11risdiction to have · the charge of or to ex:erci11e the rights of an owner of, the said premises ; and
(iv) a mortgagee-in-possesshn. (21)10Premi~es" means any land or building or part of a building and includes-
(a) the garden, gl'ounei and out hous~s if any appertain- ing to a building er part of a building ; and
(b) any fittings affixed to a building or part of a build- ing for the more beneficial enjoyment hereof ;
(22) "Pre;;cribed" means prescribed by rules ;
(23) "PreJcribed Authority" mean~ an authority appointed by the State Government by notitication in the official Gazette to perform all or any of the functions of the proJcribed auth~trity in one or more local areas ;
{24) "Privat~ street", ·'public street" aDd. "Street" in rela- tion to any local area. have _ tbe samtt meanings as in tbe law re{a~ing to the local body having jurisdlctiGn over that local area ;
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Til!! A_SS~ GAZETTE. EXTRAORD~ARY, JAN. 9, 1987. Sl
(25) "Rules" means the rules made under. this :Act;
(26) "Regulation" means ·regulation made und,er this Act;
(27) ".Sewerage" means any device for carryinR of .sewage,.· offensive matter, .POlluted water, waste water, rain water or sub-soil water ;
(28) "Scheme" means any scheme relating to the proVi- sion of drinkihg water and collection and disposal of storm and waste water ; · ·
(29) "Sewage" IJleans night-soil and other contents of . water-closet.,s, latrines, privies, urinals, cesspobl or drains ·and polluted/waste water from sinks, bat~rooms, stables. cattle-sheds, and other like places; and /mcludes trade effluents and diScharges . from manufactunng indus- tries of all kinds ; ·
(30) "Sewer" means a closed conduit .for ca:rrying sew8,1;le, offensive matter, polluted water, .waste water or sub-soil water laid thrt>Ugh, under or J.li>on any street or land whether public or private;·
(31) "Sewerag_e sys...tim" means a sewerage system provided · by the Board and mcludes the sewer .to which this Act extends and all treatment works, pumps, pumpirig stations and machinery, fittings and thitigs connected. th~r~with and all land a~quired. held or used by the "Board for the purpose of this Act, in relation . to sewerage ; . .
. ,. . .
(32) "Urban" means and includes the areas declared .or included in a .Municipalitv or a . Municipal CotporatJOO . under the provisions of the Assam. Municipal Act, ·1956 (Assam Act No. XV Qf ' 1957) and the Guwahati Municipal-./
. CQrporation Act, 1969 (Assam 4ct 1 of 1973} or any _,other-' Municipal Corporatipn Act which may CC)ine into force from time to rune· or any other area tC?>whfch the 'se,mces of the Board are extended as speS:fied by the·· State ' "' Government; ·. •
(33) "Wate~ . Connectior{" .includes:-
(i) a tank, cistern, hydrant, stand pipe, meter or tar ... situated on- any---private property and connected- with a main or other pipe belonging to the Board;· and.
(ii) the water pipe connecting such a tank. cistern,. hydrant. stand-pipe, · meter or tap with such main or pipe :
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32 THE ASSAM GAZETTE EXTRAORDINARY. JAN. 9, 198i Creation
and incor-
poration oC
tb.c Boarct.
(34) "Water Works" includes water channel (including stream, lakes spring, river or canel), well, pump, reser- voir, cistern, tank, duct, whether covered or open, sluice, supply main, cuh;ert, engine; water truck, hydrant, stand pipe conduil and machina:ry_ land, buildings or other thing for supplying or used for supplying water or for protecting source of water Sl;lpply.
(3.5) "Year" means the financial year.
(36) The expressions "building", "house-gully",
"offensive matter" and any other term used in this. Act, shall unless defined here and unless there is anything repugnant in the subject or context, have the same mean- ing as in the Assam Municipal Act, 1956,.and the Guwa- hati Municipal Corporation Act, 1969 as amended upto date.
CHAPTER-Ir
Constitution of the Board
3. (i) The State Government shall, by notification in the official Gazette, and with effect from a date to be specified herein. constitute a Board 'to .be called 'Thre Assam Urban Water supply· and Sewerage BoJrd". The duty of carryi11;g out the provisions of this Act, shall subject to the restriction, condi- tions, and limitations. therein contained be vested in' the . said }3oard.
(ii) The Board shall be a body corporate bv the said name having perpetual succession and a common · seal and shall have power to acquire, hold or dispose of property.
(iii) The Board shall for the purpose of this Act oe deemed to be a local authority.
(iv) The Board shall have its head- office at Guwahati and may have offices at such other places. as it may consifter :necessary. ·
(v) The conduct of business of the Board shall be regulated by such rules as. may be framed by the Government from time to time.
Connitution 4. (1) (a) The Board shall consi~t of a Chairman, who ofthe Board~shall be the Minister in-charge of the Department.
(b) There shall be a Vice-Chairman with the status of a Director to be appointed by the State Government. besides the Director specified under sub-section (2).
(2) The Directors. other than the Chairman and the Vice-Chairman shall be as follows. namely :-
_,
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THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 9, 1987 33
(a) A Managing Director to be appointed by ~he State Government.
(b) Secretary to the Government of Assam, Municipal Administration Departmet,lt (ex-officio) ·
(c) Secretary to the Government of Assam, Finance Department (ex-officio).
(d) Directo:t, Municipal Administration, Assam (ex- officio).
{e) Town Planner, Government of Assam (ex-officio) ..
(f) Chief Public Health Engineer, Assam (ex-officio).
(g) Chief· Engineer, P.W._D. (Roads). (ex-officio)
(h) Commissioner, Guwahati" Municipal Corporation (ex-officio).
(i), (j), (k) Thre~ elected Mayor/Chairman of the. · Urban Local Authorities to be :appointed by .the Govern- ment.
(1) . , (m), (n) Three oth,er persons to he rrominated by the State, Government.
· (3) The appointment of the Vice-Chairman, the Ma- naging. Director and other Directprs, shall be made by the Government and notified in ~he official Gazette.
(4) 1\ Director. referred to in- ciause (b) &. (c) of sub- section (2) may, instead of a..ttending a mee·ti.ng' of the Board 'himself, depute an officer not below the rank of Deputy Secretary, to attend the .meet~ng, The officer so
. deputed shall have the right to.:take part in the proceeding of-the m~eting and shall also have the right to . vote.
(5) The Vice:..Chairmari and the Managing · Director · shall p'ossess the prescribed qualifications.
(6) ·The Mana~ng Direc.tor sh'an be the Chief! Execu-
. tive of the Board and be a whole tim~ officer to be appoint- ed by the· State Government and shall possess such quali- fications as may b~ ' prescribed qy the ·state Governm~nt. Term oft 5. (1) :All Directors includi~g the Vice-Chairma~ ·and :!dit~~d of the Managing Director shall ·hold office. during the pleamre llt!I'Yieeoftbe of the Government.
Dirc:ctt!JW, · . . . . .
· (2) The Managing Director of tbe Board sh~ll hold offl~e ·for three years unless his term is determinMI earlier by··State Government by notification in · .the official Gaz~tte, .and shall be eligible for re-appointment . . ·.
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34. T}I~ A$SAM GAZE'.M!E, EXTRAORDINARY, jAN; 9, 1987
. f3} The pcrs::>a appol.n.t:td. a :. Direo~rs under . clause {i), .( j), (k); · 0), (r&); (n) of s'ub-sectiQn (2) . o f ·Section 4 shalt. ·unless " ~is·. term Ia determined earJier by State Government, h~Jd Q~ fot: ' peri04. of !i ._ 1ears or until the expiry of h1s ter,JD o( ~m~.as - ~tcted head of-the .loQa1 b~y concerned, wbieb.f¥"er -, eaeijer, bllLaluiil be eligible ·for 're-appointment. (-4) Any- I>irectqr m~y. by ~itjng, ad,dre11ed to the Go- ''ernmen~ re.$ign his oflic.e an!~ such - reaillD@.tion . takes- effect 'IOI.bcn · aoccl)fcid by G~vtrn~nt. ·
(S) . The cQQdjtio~s of. the senice . pf the Directors . shall be _· ioch as ma,y be . p~e~ciibed. ·. ·
(6) . A~y ...aqancy i!! the offiee of the Directors ma,y ·be fi.JjecJ lfy tb~ Qo'!ei!Dmerit hy appobiting ·.a Mh<>n poss!!Ssiag_ . the appropriate qualification . specified in Sectioh 4. ~~i-l'or 6i (1.) -A ~rso~. shall ·be _disqua)ifi,ed for being • appoin- appoint- ted as, and l9r betnK, a Dtrector of tlle . Bo~d.. tf ·he,- mcllt aa · · ·
Director of (a) 'has: been . sentenct:d ~r any offence .involving moral the aeard; turpitude, tuoh sentence not haviag bee,u reserved ; · ·
(b) ia: an uDdiacharg~d fuaolvent ; ( c;) it of 'un50und mind ;
(d) it an oW<:er ' or ' servaDt . of the Board ;
(c) . h&ll diJec_tfy or. inditeotb, by h~~eJf cr by arny partner, emp.Jqy~:• or · eJDployee; a.~Y ahare or interest in any
. contract or ·emplo~merit, with, · by or ori b~ba]f-of, the Board; (.f) w<• I>ir~or.· or a . Sect"etary, Manager or other Office~~ . ct( ~DY incor~r•ted .company which . bas ~ny share _or _iDterest ia an, con'tract or e~ploymeot with, by ·or on ~If of the . Boa...,q. " ··
. . .
(-i) A person shall not be disqualified UDder clause {e) or claus·e (f) of sub-sectiOn ( 1) e>r be . deemed to 'have ·any ~hare . or iacerest in any contr;lot or employment within tu~ nicanj.Og or' Jboae . cl.t,Jsef, by' reasons ~qnly of his or the ·,incorporated .. company· of which he is a Direc~or, Secr~tary, · Manager or the Officer, having a _share ar mterest lD, -
. (i) any aale, . purchase, leale or exchange of immo- - 'Yable propeny or .· any agretme•t for the -same ;
. (H) any . agreemeat f•r the toan . of 'money . or any 100Utity fM tbe .. peyment of aoaey. only;
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THE ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 35
(iii) any newspaper in which any advertisement relatincr to the affairs of the Board is inserted ; "
{iv l the occasional sale to the Board, if the aum paid as consideration does not exceed two thouaand rupees in any year, of any article in which he or the incorporated com- pany regul&rly trades.
(3 ) A person shall not also be disqualified . under claase {e) ol' clause ( f ) of '·sub-section (1) or be deemed to have any share or in1 erest in any incorporated company whioh has an) shaF .~ or · interest in any contract or empbyment wit h, · by, or Gn behalf of the Board, by re.asori only of his being a share bolder of such compan~:
Provided that such person discloses to the Government the nature and elltent of the shares held. by him. . .Esp1anation-For ·the purposes of clause (d) of aub- section (l ) the Chairman or the Managing Director or. any Director shall not be deemed to be an officer or employee of the Board. ' '
Remo':'al of 7. (1) If 'at any time it appears to the Government t~e Vlcc~Chd- that the Vice~Cbaitmari has shown · him>elf to be unsuitable airman an fi h ' ffi b . be •t r ·. . d other n on· or IS o ce, or as en gUJ ty o any mlScon .uct or .official Direc:-neglect whbh renders his removal expedient, it shall by tors. notifiCation remove him · from o(fice after giving him a re-
asonable opportunity of sh6wing cause.
(2) The Government may, by notification, remove &DJ non-official Director fr-om office after gi•ing him a reaaon- able opportunity of sbowiDg · cause,-'-
(a) If he bas, without the permission of the Board, been absent in three consecutive meetings reckoned from the date of the commencement of his term of . office, or of the las t mtetin g which he attended, as the case may 'be; · (b} if he, being a legal pracfitioner, acts or ap~8!S on behalf of
1
any person other t.han the B.oard in any ctVl!, . crimina l or other legal proceedmgs in whtch the Board ts interested, either as a part'; ·or otherwise ; or {c) if h e, in the opinion 'of the Government, is unsuit- able or has become incapable . of acting as a Director or bas so abused his position as a Director as to. render his continuance aa sucll -Director detrimental to public . interest
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S6 THE ASSAM GAZETTE. EXTRAORDINARY, JAN; 9, 1987 .• ~· A non:offioial Director remove4 un~er apy · of tlae prO.. VISIOllS of cl•uses (a; and (h) ot spb•JectJ,m (i!) aha)l unleas otherwise directed by the Government as disqualified for ap- pointment as a Director for a period or three years from the date of hb . removal.
4. A non-official Director ·removed under clanso. (c) of sub-section (2) ahall not be eli~ible for re-appointment until he is declared by an order of the Govcrnnien' to be no lon&er in eligible.
CHAPTER-III
Officers and Membrri of the Staff of the Board. Appoil'lt· S. The Board may · appoint a Secretary, a Chief Engineer, mf!nt of an ·Accounts ~tlicer I'Od sqcb othc;r oBict.rs ao4 Employees as, ~~~~(~;~in- it co;0siders neceasary for the et!ident perfor!J)Jmce of ita eer, Chief Ac· functions :
counts Offi-
cer and
other Otli-
c~r• and em•
pJoy~cs of the
Buard
Pro-wide~ · tha• ·the appointpaeilf of · tile Secretary, Chief Engineer a{ld tbe Chief AccQunta Officer 1ball be made with the pre.Yious approval of tbo Goveroro.ont.
Provided further that in case of emergeaey .-
(lj the .Mana11.iag Director may appoint, temporarily for a period not ex~eoding tbrec rnoatbs s~ Officers or Employees IS m•y, ia hili opinion, be rcquirc4 for the purpoae of tbi.s A~t. aQd the e~plo)'ment of wh.O.a for aay particular work had not been prohibited by any resolutioa of the Board; and ·
(b) every appointment made under claus( (a) s~all 1M report•d b)' the Managiag Director to trn, B.:>~rd at the noxl meetins.
MalatainJng 9. ( 1) ' The Board si,all prepare and maintaia a sebed~Ale !~~~::Ue~~ o!· btabllsb•ent ahowin~ the nu.-ber, deal:••tt.Go aad 1rad~ o( dtc Ofticen and Employeea {othet tllao the employees who are paid ~Y thr. day or .,bose ~Y is charpd lo temporary '~ ori!.,), "hom it considen ne'41l$•fY and proper to em.Ploy for tb~ purpoae, of this Act, and alao tbo amoQnt r ' lie na•ure of the salary, fee• and allGwances to be pa;d to eac:h aucb· Olliccr or employee.
4 2) T-.e Sclledule r«!ferred to in s11b.section (I) shall be rni/led e.very year hefore the first Miiy of thilt ,ear and snall c:on••in the partic:uJara m~, . . ·li· iu that sub· sect I m, of the Officers aad employees of the Board, employed on the 3ht Ma1·cb. imalcdiatdy pncediog.
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THE ASSAM GAZETTE. EXTRAORDINARY, JAN. 9, 19$7 37 Control by 10. SubJ·ect to such regulations as may be ~he Manag- ing Dirtctor. framed by the Board, the Managing Director shall exercise supervision and control over the Acts and proceedings of all the Officers and
employees of the Board.
CHAPTER IV
Canduct and Business of the Board ~:e~~~r~~ 11. (1) The Board shaH meet at sucli times and places and shall, subject to the provisions of sub- section (2) and (3) observe su~h rules of procedure in regard to transaction of business at its meeting including the quorum nt meetings as may be pres- crib.ed by regulations:
Provided that the Board shall meet at least once in three months.
(2) The Chairman or in his absence the Vice- Chairman , or in absence of both. any other Direc- tor, elected by simple majority votes of the Directors present anq voting, shall preside at a meeting of the Board.
(3) All questions at any meetings of the Board shall be decided by a majority of the votes of the Directors present and voting and in the case of an equality of votes the Chairman, Vice-Chairman or in their absence the elected Chairman presid- ing, shall have ana exercise a second or casting vote.
Temporary 12. (1) The Board may associate with itself in association such manner and for sueh purposes as may be of persons . with Board determined by regulations, any person whose '
for particu- assistance or advice it may d~sire in performing ar purposes . . . . ·any_ of Its functwns under this Act:
Provided that the number of persons so asso-'
ciated shall not be more than four.
(2) The Board maY invite any person to offer his views on any subject discussed at any meeting of the Board.
(3) A person associat(:d with the Board under sub-section (1) or invited for anY discussion under sub-section (2) for any purposes shall have the right to take part in the discussions of the Board relevant to that purpose, but shall not have the right to vote at a meeting of the Board.
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38 THE ASSA:M GAZETTE EXTRAORDINARY. JAN. 9, 1987
Appoint- 13. (1) The Board may from time to time, appoint dlent and
tunccion of conimittees consisting of such number of persons as it may committees. thing fit, for the ~urpose af -discharging such duties or per- forming such .functions and on such terms and conditions as may be prescribed by regulatiops.
(2) Tbe. Chairman, the Vice-Ghairman or such. other Director as · the Chairman may nominate in this behalf ,hall be . the preaident of -the committee ar:d tlie .committee. shall ob~rve such rules of proce~re in regsrd to transaction of business at its meeting!! a·s may · be prescribed by regulations. ·
(3) All proceedioJ!s of the committee shall be subject to confirmation by the Board.
B Acts · of , 14. No act done or proceedings taken onder this Act too~ inv~~ by the Board or any GomJDittr.e shall be invalidatt"d .merely dated by on the ground-
informality .
or VacaD.cy. (a) of any vacancy or · defect in the comtitution of the Board or the Committee ; or
{b) of any · defect or irregularity in; the appointment of a -person acting as a Director · thereof or
. (c; 'or any defect or irregularity in such Act or procee- ding not affecting . the merits of the c~se. CHAPTER-V
·Functions and Powers of tile Board
Functions IS. The function of the Board · shall be the following of th~: Board, namely:-
( I) The promotion and operation of schemes for-
(i) Supply of Water; . (ii)" Sewerage; ·
(iii) Sewage treatment and its disposal ; {iv) Stor.m Water drainage • . ·
(2) FJJnctiona connected .with or incidental~ the functions mentioned in clause ( 1 ). . . . '
(3) any other fu ::~ ctions entrusted to · the Board by the State Government or a Local Authority: .
Provided that ibe Board shaH perform only such of the above functions as are notified from time to tirne in the offi- cial Gazrtte.
Powu ofthe 16. (1) The Bo':lrd, shall, subject to th:: p.rovisiona of "this Board. · Act, have power to do such things wbicb may be neceuaty_ o~ expedirnt ' for performing the function under this Aet. ( 2 WitbQut prejudice to the .gcnerali ty of the foregoing provision, such power shall include the · power-
. , (i) to take over all the existing responsibilities~ powers; controls, facilities, services and administration wi- thin the utban areas to which this ~ct appl~cs,
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TH~ ASSAM GAZETTE~ EXTRAORDINARY. JAN. 9. 1987 39 from the local b1dies h:tving jurbdicti(lll o~cr s\Jch areas rclatinJ to water supply, sewerage and aewa~e disposal and to man• ,;hea 110 as t() provide the people of tb!)iC areal Whole lOme Wi4tcf1 efficicllt ~ewerage anQ ltoJQl drainage 'SCfYicCI.
(ii) to ·extend, expand and develop the existing facilities and to provide, mail'!tain and operate facilities for aupply of water and for providing sewerage and storm drainage ser- vices in urban areas in con<~~ultation with the local bodies;
(iii) to establish, maintain and operate Iaborateries and. experimental and resurch sLltioo;
(fv) to establish · in-1ervice traioiog course and provide other training tor ita p(;rsonnel;
(v) to · invcs,igate, plan and prepare schemes fllr water supply, sewerage aad stortn drainage service:. in urban areai in consultation .. itb .the heal au~horieies and c:;,\rry out their execution;
· (vi) to regulate the drilling of tube-well~. public or pri- vate and to control the drawal of undergreund water in notifted urban areas;
\1'ii) to enter into contract· or arrangelilent with &ny person a1 the Board mlly deem necessary for performing its tunctioDa under thia Act;
(viii) to determiae · levy and collect fees and chaPgcs
(ix) to borrow moaey, iuue debentures aai mana~~ its owa fuads; and
(xl to incur CxpcDditure and to 1raat bans and advaoces to such pcnoaa ar authoridCll as tiie Bolltd may dCCOl nece- uary for performiag its functiGqs u~a:ier tbia Act ; {xi) to encrust execation and maintenance of w•rts to au y local .authortty. ·
Power or the 17. (I) The Board may under,ake the eucut.i<)n or further Hoard to execution of any :•cheme or· work of water .. .,ply, aewl!rago undertake for 1torm drainage on behalf of any local body, central or ~:n ~ St:ate Gov~rnment · DepartmQlS, Salutory bodice. Pllblic or tbe il}ltaoce Private undcrtatloa• etc., whoae wat•r supply, sewera,e aod of otherS. storm drainaie .-C:rvicea have not ve,ted in and atood trans- ferred ro the Boa.rd under sub-section 11) of s,erion 1 I on such terms and coaditiona u may be aKree:! upon between 1uch other party and the Boare~ ..
13
40 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 9 • . 1987
(2) The Board for the purpose of removing any difficulty particularly in relation to the proviaiena of the Act er aay difliculty in respect of ·proper fun~ioning of the Board may approach Sta~e Government· from time to time for such help as deemed necessary fer 1 emoval of diflicultiea and difference.
CHAPTER VI
Vesting of Existing Water Supply and ~cwerage S:=rvices. Tranafer
of existing
Scvicea
from L'lcal
Bodie• to
B~rd ••
'1
18. { 1) The State Gov3rnrnent m 1y, for pllblic purpoiei by notification in the official 01zette, declare in respect of an:"' Urban ar~a tbat as from a date to bJ specili~d there .. in-
l
(i) all the existing water supply and s~Nerage strvioes sewage works and sewage firms, iocl11ding all plaah, machio.- eries, water works, pumping statiom, filter beds, water mai11~ and public sewera io abng, ovor or under any public street, and all building• and other works, materials, stores · and things . appertaining thereto, beloagiog to or veste·d in any local body and/or under execution and/or maintenance by the State Public Health Engineering Organisatbn for and on bch.alf of the local body concerned •
..
(ii) So much of' the sub-soil appertaining to the said water J:Dalas and sewen a' may be necessary for the purp:>se of enlarging, deepening or oth~rwise repairing or maintai11lng any such water mains and sewers or an} pipoa and oth~t appliances and fittings cJnnected with sue\ ,w.1ter supply aad seweraae services and sewage works and sewage firms~ and .,. {iii) All rights, liabilities and obligations relating 'o the things mentioned in clause• (i) and (ii) including the rigbt to ' recover arrears of water taXI and sewerage tax: and of any cost or fees relating to .. water supply and sewerage services, and also including liabilities arising from any loans a4vanced by the State Government to any local body for the things aforesaid otaer than loans diverted to or utiliaed for other purposes shall vest in and stand transferred to the Board· and be subject to ita control. ·
14
TH~ ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 41.-
(2) Where ~ny doubt or dispute arises as to whether any property, interest or asset bas vested in the Board un4eli sub-section (l) or any rights, liabilities or oblig~tions have become the righta, liabilities or obligations of the Board under this section or under Section 19, auch doub• or dispute shall be referred to tho State Government in connection with the concerned departments wbo~e decision shall be final and bin-· ding on the Bo21rd and tbe Local Body or the Public Health Engineering Organisations as the case may be. Board b1li? 19. All tiebts and obliaations incurred, all contracta entered assume o - . 1 d h. d b b . h gations or mto, a I mdters an t tngs engage to e done y. Wlt or
15
42 'l"IIE AS~A1\'I CAZETTE EXTRAORDINARY. JAN. 9, 1987 Transfer of
<'mployees. 22. (1) Save as otherwise provide<:). in Section 8, pers(:ns who were either emr loyed in the Public Health Engineering Org2.nisation of Government of Assam cr l!nder a local body, exclusively in connection with Urban Water supply or sewerage servicesor sewage works or sewage firms, shall from the appointed day (hereinafter iil this section referred to as the said date), be transferred to the Board and they shall hold their offices or services therein by the same terms at the same remuneration, and upon the same other terms and conditions and with · the same rights and pri- vileges as to pension, gratuity and other matters as they would have held the same on the said day if this Act had not come into force or, as the case may be the aforesaid water supply and se- werage service, sewage works and sewage farms had not been transferred to and vested in the Board, and shall continue to do so until their employment in the Board, is terminated or until their remuneration or other terms conditions of services are revised and altered by the Board under or in pursuance of any by law or under any rule made in this behalf under Sections 115, 116 of this Act . .. :P1'gvided that a permanent employee of the State Government, whose services have been transferred to the Board, shall hqld lien under the State Government and the period spent in the services of the Board shall be reckoned for increment, pension, and other terms and conditions of the State Government rules in the event of his retur- ning back to the State Government service.
(2) Every Officer or employee of the State Government whose services have been transferred to the Board, shall intimate the State Government in writing within two years from the d~te of transfer of his services to the Board.-
(i) that he may be permitted to retire from service and ~thereupon he shall be per- mitted to retire from Gcve.t.nment service and he will be entitled to compensation·
16
THE ASSAM GAZETTE. EXTRAORDINARY, JAN. -9, 1987 43 pension, gratuity and any other bene- fits p~rmissible to him to the maximum possible limit under the rules, or
(ii) chat he should be absorbed substantively in the service of the Board and then the Board will absorb him substantively in service and thereupon the services rondered by him under tbe ·State Government shall be treated as services rendered under the Board and he shall be entitled to have such rights cr to such similar rights in the ~hanged situation ·with re- gard· to remuneration, leave and pension as -\vill not be less favourable to the sen·ice conditions, agreements and rights as he would have been entitled to be- fore he was employed in the Board, or,
(iii) that he may be permitted to revert to the ·G
(3) If any Officer or employee do not give such intimation v.-ithin the above specified period it will be deemed that he has opted for beinog absorbed substantively in the service of the Board under the terms and conditions specified by it.
(4) Notwithstanding anything contained in sub- section (1), but subject to any express agreement to the contrary, any person referred to therein, other than a workman as defined in the Indua- trial Disputes Act, 1947 (Act. XIV ·of 1947) who becomes an employee of the Board shcill be liable to be transferred from any establishment or under- taking in which he was employed immediately before the 'Said date to 'fny other · establishment or undertaking belonging tO< the Board on the . same - -
17
44 THE A~SAM GAZETTE.-EXTRAORDINARY, JAN; 9, 1987. remuneration and on the same · terms and condi- tions as governed him, . immediately before such transfer.
(S) If . any question arises as to whether anr person was · exclusively employed in connection with the aforesaid water supply and sewerage s·ervices sewage works and sewage farms under a local body immediately before the said date, it shall be de- cided by the State Government and the · decision of the State Government shall be final. /(6) The sums standing to the credit of the employees referred to ' in sub-section (1) in any pension fund, provident · fund, gratuity fund or other like fund constituted for them shall be trans- fer:red by the. State Government or the local body concerned, as the . case may be, to the Board along with any accumulated interest due till the said date and with the accounts _relating to such fund and the Board shall to the exclusion of the State Government and of any . local body, be liaole for payment of pension, provident . fund gratuity or- other like dues as may be payable to such emplo- yees at the· appropriate time in accordance with the conditions oftheir service. -
. (7) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Act. XIV of 1947) or. , in any other law for the time being in force the transfer of any employee to the .Board under sub-Section ( 1) shall not entitle any such employee- to any compensation under that Act or such other law and no such claim shall be entertained by . any court, tribunal or authority~
(8) Eve.ry permanent or temporary employee of the Public Health Engineering Organisation of the State Government or of a local body becoming . an employee of the Board under sub-section (1} shall,. · on and from the said date, be a permanent or temporary employee of the Board, · as the . case may be, against a permanent or temporary post, which shall stand created in the establishment of the Board with effect from the said date. ·
(
18
THE ASSA 'M GAZETTE. EX'.rRAOTIDTN;\ RY. JAN. 9, 1987 45
(9) Any employee referred to in the proviso to sub-section (I) shall be deemed to have conti- nued to be in the service of the State Gover nment or the local body concerned, a11 the case may be, between the said date and the date of abolition of the posts under sub-section (2) but the State Government or the .local body, as the case may be, . shall be entitled to reimbursement of the remunera- ' tion paid by it to such employee for that period and also of the compensation referred to in the second proviso to that sub-section.
· CHAPTER VIII
PROPERTY CONTRACT FINANCE ACCOUNT
AND AUDIT
Po~er
1
to d 23. ( 1) Every contract , or assurance . of property aE~~~:ti~~ on behalf of the Board shall be in writing and executed 'R.
.•ndt. by such authority and in such manner as may be eg~ttra loa d · d b h .B d of contracts etermme y t e oar . etc.
(2) Notwithstanding ·anything contained in the Indian Registration Act, 1908 (Act, XIV of 1908)it shall not be necessary for the Secretary or any other Officer of the Board authorise · to execute on behalf or the Board any agrt.:ement or other instrument to appear in person or by agent at any . registration office in any proceedings connected with the registra- tion of any such . agreement or instrument or to sign· as · provided in Section 58 of that Act: · Provided that the Registering Officer to . whom such instrument is presented may, if he thinks fit, refer to the Secretary or such other officer for in- formation regarding the same and shall, on being satisfied of the execution thereof, register the instrument~
Board'•
Fund. . 24. (1) The Board shaH have its own fund which shall be deemed 10 be a local fund and to which shall be credited all moneys received by or on behalf of the Board.
19
THE ASSA 'M GAZETTE. EX'.rRAOTIDTN;\ RY. JAN. 9, 1987 45
(9) Any employee referred to in the proviso to sub-section (I) shall be deemed to have conti- nued to be in the service of the State Gover nment or the local body concerned, a11 the case may be, between the said date and the date of abolition of the posts under sub-section (2) but the State Government or the .local body, as the case may be, . shall be entitled to reimbursement of the remunera- ' tion paid by it to such employee for that period and also of the compensation referred to in the second proviso to that sub-section.
· CHAPTER VIII
PROPERTY CONTRACT FINANCE ACCOUNT
AND AUDIT
Po~er
1
to d 23. ( 1) Every contract , or assurance . of property aE~~~:ti~~ on behalf of the Board shall be in writing and executed 'R.
.•ndt. by such authority and in such manner as may be eg~ttra loa d · d b h .B d of contracts etermme y t e oar . etc.
(2) Notwithstanding ·anything contained in the Indian Registration Act, 1908 (Act, XIV of 1908)it shall not be necessary for the Secretary or any other Officer of the Board authorise · to execute on behalf or the Board any agrt.:ement or other instrument to appear in person or by agent at any . registration office in any proceedings connected with the registra- tion of any such . agreement or instrument or to sign· as · provided in Section 58 of that Act: · Provided that the Registering Officer to . whom such instrument is presented may, if he thinks fit, refer to the Secretary or such other officer for in- formation regarding the same and shall, on being satisfied of the execution thereof, register the instrument~
Board'•
Fund. . 24. (1) The Board shaH have its own fund which shall be deemed 10 be a local fund and to which shall be credited all moneys received by or on behalf of the Board.
20
46 TI1E ASSAM GAZETTE. EXTRl\ORDtNARY, JAN: 9, I-9S7
(2) The Budgetary p·rovisions hitherto being made in the State Budget in the Public l~ealth Engineering Organisation, Urban Development Department such as Municipal Administration Department and Town and Country ·. Planning Department for construction and maintenance of Urban Water Supply, Sewerage. and Drainage, shall . continue to be · provided in the budget for the . current firiancial year and the amounts of these provisions as may be considered necessary by the· State Government shall be transferred to the Board's fund on such terms and conditions as may· be decided by the State Goverpment. ·
(3) ·The expenditure on the Board· will be debited to a new sub-head of Account "Water Supply and Sewerage Board'' to be opened under ''284 ·Urban Development-a General ( 1) B-Other State Plan Schemes and. Non-Plan I-A Direction a~d . Administration ~.:..._General ·- ;\~rilin~straiton (a) Directorate of Mumctpa-1 Admm1strat10n" by the Government. ·
(4) EXtCept as otherwise directed by the State ~Government, · all moneys belonging to the Board's fund shall . be deposited either in the State Bank of India or in such other Scheduled . :aank, or invested in suc.h securities, as may be approved by the State Government. · ·
-~nest.(j~~~'d- 25· ( 1) Save as ~here in the opinion of the Board · geted Ex- circumstances of extreme urgericy have arisen, no penditure. · sum exceeding five lakh's of rupees on account of recurring expenditure or exceeding fifteen lakhs of rupee~ on account of non-recurring expenditure
shall })e spent by the Boa~d in, an~ financial year unless such sum has "!Jeen mcluded m a statement submitted under sub-section (1) of Section 39.
(2) Where any such sum in spent in drum- stances of extreme urgency a report thereon, in- 4icating the source . from which · it is proposed to meet . the . expenditure shall be made as soon as practicable to the Government,
21
THF !\.SSAivi GAZETTE, EXTRAORDINARY, JAR 9, 1987 47 ~ne~a} 26. ( 1) The Board shall, as far as practicable, carry t":nli~a~~·s ·on its operations under this Act on sound Commer- Finance. Gial principles, or ''No-profit nu-loss basis" and shall adjust its rates of charges accordingly:
Subventions
to the
Board.
Loans to
the Board.
. Prc.vided that where necessary ·any amount due for meeting the operating, maintenar.ce and mana- ge111ent expenses of the Board for purposes of clause
(i) and (ii) of Section 32 may, • to ~;uch extent as may be sanctioned by the State Government, be paid out of the Board's fund.
(2) The taxes, fees and charges authorised to be imposed under this Act shall · be sufficient to enable the Board to . cover the follov;ing :
( i) operating expenses,
(ii) maintenance,
(iii) taxes payable by the Board,
(iv) depreciation,
(v) interest repayment,
(vi) amounts required for the repayment of long- term loan to the extent that such repay-· ments shall exceed the provision for de- preciation, and
(vii) adequate allocation to . reserves.
27. The State Government may from time to time make subventions to the Board for the pur"
·poses of this Act on such terms ·and condition as . the State Government may determine.
28. The State Government may from time to time advance loans to the Board on such terms and. conditions ·not inconsistent with the provisions of this Act as the State Government may determine.
22
48 THE ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987
Pewer o.f
·the Board
to borrow
and lend.
' 29. Sui?ject · to the prQvisions of this Act and the rules made thereun~er and· subject to such con- ditions as · may be specified by the Government by a general or special I order issued in this behalf, the Board may, from tir'ne to time, borrow money re- quired for the purposes of this Act in any one or more of the manners specified below, under Local Authorities Loans Act, . 1914 (Central Act IX of 1914)-.
(ij raisi::g-of loans from Bank or other finan-
. · cial institutions or the Life Insurance C•)r- poration established under Section 3 . of the Life Insurance Corporation Act, 1956 (Central Act 31 of 1956); or
(ii)
(iii)
raising loans from any Corporation owned or controlled by the Centr-al cr .. Stafe Go- vernment ; or
raising loans from the public by issue of bonds, or debentures or stocks or other- wise in the form and manner approved by the Government.
Gua.rantee
by the 30. The Government may guarantee m such Governmel)t manner as they think fit, the payment of the prin- of Loans. cipal and interest of a:ny loan proposed to be raised by the Board in regard to the investigation, pre- paratioFJ or· execution of schemes made under this. Act. ·
F.?rm, 31. (1) Whenever money is borrowed by the Board ~~:~~~: on debentures, the debentures shall be in~. such Traufer.and form as the Board may, with the . previous sanction ~fb~~tu~es. of the State Gove'rnment specify. ·
(2) All debentures shall be signed by the Managing Director or Secretary or by any one of the Official Directors of the . Board.
(3) The holder of any debenture in any form specified under sub-section (1) may obtain in exchange · therefor a debenture ·in any other form specified in the ma~ner provided in sub-section ( 1) and upon such teril'ls as the Board may determine· ·
23
THE ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, Hl87" 49 '.
. (4) Every debenture issued by the Board shall be transferable by endorsement, unless some . other mode . of transfer is specified therein .
. (5) All coupons attached to the debenture's issued b~ the Board shall bear the signature. of the Managing· Director and such signature may be · engraved, .lith.ographed . or impressed by any mechanical proc~ss.
Priorities of 32 . Th . f h B d' hall . f . Liabilities of . · ~ · • e .reve~ue o t e oar s , a ter meetmg tho Board. the operatmg, mamtenance and management expenses,
· be applied as far as they are ·available, in the
following order, namely :-
(i) the repayment of principal and interest rin bonds ~in respect Qf which no guarantee hCJ.s been given by the State Government ;
(ii) the repayment of principal and interest on .stock not so guaranteed;
(iii) credits. to Section 33 ; depreciation reserve under
.
(iv) . the repayment of principal and interest on bonds guaranteed by the State Govern-
. ment;
(v) . the repayment of principal and interest · on stock so guarante~d ;
(vi) the repayment of principal and interest. · on sums paid by the State Government under guarcJ.ntees ;
(vii) the repayment of principal and interest on loans advanced to the Board under Section 28, including arrears of such interest ; (viii)' the writte n down amounts paid from capital ~nder the proviso to Section 26 ; (iK) ·the written down amO.unts in respect of tangible assets to the extent to which they
24
50 THE ASSAM GAZETTE. EXTRAORDINARY, JAN. 9, 1987
are actually appropriated in any year fOr the purposes in the books of the Board ;
(x) the contribution to general reserve of ~an amount not exceeding one per . cent per annum of the original cost of fixed assets employed by t4e Board ; however, that _the total standing tq the credit of such reserve, shall not exce~d eight per cent or the original cost of such fixed assets .;
(xi) the reduction of rates of taxes and charges under this Act or for any of the functions of the Board, as the Board may think fit. Oepreciation 33. (l) The Board shall create a depreciation Reserve. reserve and as -far as in compliance with the pro- visions of Section 32 makes it practicable, shall at the end of every financial year, credit to such re- serve from its revenue, such amounts in respect of each of its assets as would, if made annually thro- ughout · the period relative to that asset specified in the schedule and accumulated at compound in- terest at the rate offour per cent per annum, produced c;- by the end of the said period an amount equal to ninety five _ger cent of the original cost of that asset·
· (2) The amount to be credited . every year to the depreciation reserve shall consist of the deposit under sub-:-section ( 1) plus interest on the accumu- lated balance in the reserve.
(3) The contribution in 'respect of any asset to the depreciation reserve under this section shall cease at the end of the sa:id period · or where the asset ceases to be used by the Board, whichever is earlier.
(4) ,If in any financial year it is not practicable fully to comply with the provisions of sub-section (.I), the amount by which the sums actually eredited falls short of the amount required ·under that sub- section · in respect of that year shall be carried forward and together with the compound .interest thereon l_LI ======================~==============~~---
25
Tim ASSAM GAZETTE. E~T~ORDINARY, . JAN. 9, 1987 II at the aforsaid rates · shall be credited (o· the said reserve as soon as it is fo1uid possible in a~cordance with Section · 32 so to do.
.... Estimate of 34. ( 1) The Chairman shall at a specia.I mee- Incomeand . . , f F .
E~penditure tmg held m the month o ebru<~;tY m each year, ot the Boa~d lay before the Board an estimate of the income to be la1d • annl!llnY· and and expenditure of the Board for the ne:X;t financial CODSJ
before the year.
Board • .
(2) Every such estimate shall make proVISIOD for the due fulfilment of ~11 the liabilities of the Board, and for· the ef§cient Administration of_ ·the Act. ·
. (3) £very . ·such estimate shall differentiate
. Capital and · revenue . funds and s11all be prepared in such forms and · shall contain such det· ils, as the Board may, from time to time,. specify.
(4) Every such estimate shall .be compiled and . a copy tliereof sent, by p,pst or . otherwise; to each Director at least 10 clear days before the date of the meeting at which the estimate is to be laid before the Board. ·
(5) A revised estimate, if any including all the expenditure not covered in the original bud,et estimate shall be laid before . the Board at a spe- cial meeting to be held in the month of December~ ·in each year.
(6) . The Board shaH consider every estimate so laid before it and shall sanction the same, either without modification or with such modifications as it may think _ fit.
Approval of 35. (1) Every such esdmate, as sanctioned by the ~o~:ti:.~~:. Board, shall be submitted t? the .State Government who may·, at any 'time withtn three mo.nths after receipt of the · same:
(i) approve the estimate, or
26
52 THE AS:iAM CA~ETTE EXTRAORDINARY. JAN. 9, 1981. Supplemen-
tary estimat~.
Repayment
of Loans by
ehe Board.
(ii) disallow the estimate or any portion thereof, and return the estimate to the Board for
amendment.
(2) If any estimate is so returned to the Board, it shall forthwith proceed to amend it and re- submit the estimate as amended to the State Government who may then approve it.
36. (1) The Board may, at any time, during the year for which any estimate has been sanctioned, cause a supplementary estimate to be prepared and la~d before it at a special meeting.
(2) The provj•dons of sub-secdons (3), (4) and (6) of Section 34 and of Section 35 shall apply to every supplementary estimate.
37. Every loan taken by the Boars shall be repaid by the Board within the period agreed upon by the Board by such of the following methods as may be approved by the ~tate Government, namely:-
(i) by payment from a sinking fund established under Section 38 in respect of the loan;
(ii) by payment in eq ual yearly or half-yearly instalments of principal or of principal and interest, throughout the said period;
(iii) by payment from money borrowed for the purpose.
(iv) by payment partly from the [sinking fund established under Section 38 in respect of the loan and parlly fi·orn money borrowed f01.· the purpose ; or
(v) by payment from any other source, with tlw prior permi~si<'n o f ,. , "tate Government.
27
TIIE ASSAM GAZETTE. EXTRAORDINARY, JAN. 9. 1987 53
Estahlisb- 38. The Board may constitute a sinking Fund DICDt and • . • · '
Maintenance a depreciatiOn rcs~::vc tund and a devek;pment fund or d Sin:ng in such manner and in such form as may be }~nds~ 1er prescribed by rules or bye-laws. The mcneys of such funds shall be invested in such manner as ~ may be determined by the Board with the approval · of the Government.
~r~~a~t!~;. 39. (I) The Board shall, as soon as ~ay be tics andRe-- after the . end of e?.ch year, prepare and subm!t to the · turn•. Str-.te Government before such date ~md in such form as may be prescribed, a report g:ving an acc- ount of its c.ctiv.i6r:.s during the previous year and the report shall also give an account of the · activi· ties, if c:my, which are likely to be undertaken by the Boz.rd in the next year, and the Gcvcrnment
shall cause every such report to be laid before the State Legis) a ture as &con ·as may h~ after it is re- ceived by the Government.
(2) The Board shall fur1;1ish to · the Government at such times and in such form and manner as may be presc.ribed or as the State Government may direct such str.tistics z.nd returns and such particulars in reg-ard to any pro- posed or existing schemes as the Government may from time to ti~ e require.
~ccA~J~t. 40. (1) The accounts of the Board shall be main- tained in such manner and in such form as may be
prescribed. The Board shall prepare an annual statement of accounts in such form as may be prescrib~d.
(2) The accounts of the Board shall be audited either by the Examiner of Local Accounts or by such Audit authority as the State Government may direct. ·
(3) The auditor shall, in connection with such audit have such rights, privileges and authority as may be prescribed and in particular, the right to
28
54 TTTE ASS.'\ t\T GA~V:'rTE. ExTRAORDINARY, .JAN. 9, 1987 Remunera-
tion of
Auditor.
d~mand the production· of books, accounts, connected vouchers and other documents :lnd to inspect any of the offic.-..') of the Board.
(4) The Secret~ry shall cause the rep~rt of the audi~or to be pnnted and forward a prmted copy thereof to each Director and shall bring such report before the Board for consideration at its next meetir.g.
(5} The Board shall remedy, forthwith, any defects or irregularities that may be pointed out by the auditor and submit a report thereon to the Government.
41. The Board shall pay to the said auditor such remuneration as the Government may direct. A~u~~s 42· The accounts of the Board as certified by Rn~~or~ ~~t be the auditor, together with the audit report, thereon, forwardt:d to shall be forwarded annually to the Government the Govern- d 1 G . . h . · ment. an tne -overnment may Issue sue mst!'uctiOns to the Board in respect thereof as they deem fit and
the Board shall comply wlth such instructions,
~~IT~r ~'J:r 43. If in the opinion of t?e B?ard, al?-y am~unt irrec">verable under a contract or otherw1se, IS considered Irre- amount. covetable, the Board may refer the matter reco-
mmending writing qff such arriount to the State
Govern me:;1t. If the State Government, after going
through the papers and the recommendations so
made hy the Board, is of the opiniori that such
amount cannot be recovered, it may approve the
writing off of such amount.
Imposition
cf Taxes,
Fees and
Charges,
44. ( 1) In . addition to the charges and fees authorised elsewhere in this Act, the Board may impose any one or more· of the following charges and taxes, namely :-
(a) a water-charge based on consumption, subject to a minimum charge, which may be at different rates for water supplied for different pur- poses, such as domestic, industrial and other purposes;
29
THE ASSAM GA7.E'T"I'E. EXTRAORDTNARY. JAN. 9, i987 5.5 --~----~----------------- ---~----~----~ Amount of
(b) a surcharge on water charge for sewerage.
(c) a graduated tax, which may be at rates different for different areas, on the annual valua- tion of all lands and buildings within the urban area which shall not exceed :- -
(i) 5 per cent, on the annual valuation-where the annual valuation does not exceed one thousand rupees ;
(ii)
(iii)
7-~ per cE..nt, on the annual valuation-where the annual valuation exceeds one thousand rupees, but does not exceed five thousand rq :·ces ;
10 per cent, on the annual valuation-where the annual valuatic n exceeds five thou~ sand rupees but not exceed ten thousand m r.ees ;
(iv) 15 per cent, on the annual valuaticn-where the annual valuation exceeds ten thousand rupees.
(2) . The rates of water-charge, surcharge and tax referred to in. sub-section ( 1) shaH be fixed annually and shall be not ified to the public in such manner as may be prov idcd by regulations. Tall, ho w to 45. (1) For the pur pose of assessment of tax be lixed. referred to in su b-scction ( 1) of Section 44, the annual value shall be,-
(a) in respect of any land or building lying within the jmi~dictic·n 0f a Municipal Corporation, or Municipal Board or Town Ccmmittce, the annual value as assessed by or for such Corporation, Muni-
cipality or Town Committee and pre;vailing for the time being and
30
56 TJ-IR ASSAl\1 GAZETTE_. EXTRAORDiNARY. JAN. 9, 1987
(b) in respect of any other land or building, the gross annual rent at which the land or building might at the time of assessment be reasonably expected to let from year to year, less, in the case of a building; an allowance of ten per cent for the cost of repairs and for all other expenses necessary to maintain the building in a state to command such ~ross rent.
(2) If the gross annual rent under clause (b) of sub-section (1) of any land or building not ordinarily let cannot be easily estimated, then-
(i) in the case of such land, the gross annual rent shall be deemed to be five per cent of the es- timated present value of such land, and
(ii) in the case of such . buildings, the gross annual rent shall be deemed to be five per cent of the value of the building obtained by adding the estimated cost . of erecting the building at the time of assessment less a reasonable amount to be de- ducted on account of depreciation, if any, to the estimated present market value of the land with the building as part of the same premises. Det~rmi- 46. The annual value under clause (b) of :~~~~ v~ue sub-section (1) of Section 45 shall be determined of aoy I~nd by the Managing Director or such other officer or or butldmg ffi h . d b h. • th' b h If . h not within o cers aut onse y 1m xn IS e a , In sue a Municipal manner ·as may be prescribed. Such determination
area. of annual value shall be final subjec~ to appeal
as hereinunder provided.
Locat and 47. All street hydrants including fire hydrants,
P~~tic Autho- if any, within the jurisdiction of any local or pub- nues to pay 1' h · d 11 1 f · d for supply IC aut ortty an a p aces o public resort un er of water. the control of such local or public authority shall
be supplied with water, charges for which shall be
payable by the local or public authority, as the
case ·may be. Such charges shall be determined in
the manner laid down in Section 48.
31
('- TH~ A~SAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 57 calculation 48. (I) For calculating the amount payable by o( c:harges h . !'. • r·
for Water t e owner of any premises ,or consumption o Supply. water, the Board may determine the quantity consumed on the basis of readings recorded by a meter attached to the premises.
(2) Until meters can be. attached to any pre- mises, the Board may, in such . manner as may be provided by regulations, determine the average consumption of water on the basis of the pressure of water supply, the number and ~ize of water taps and the size of ferrules, if any. used in the premises, and TiJay determine the amount payable on the basis of ~uch average consumption.
(3) For calculating the amount payable by a local or public authority for consumption ofwater,
(i) in any place of public resort~ the quan- tity of water consumed may be determined in th~ manner specified in su b-slctions (I)
. and (2), and
(ii) tr.rough street hydrants and fire hydrants within its jurisdiction, the quantity of water consumed may, in such mann~r as may be provided by regulations, be determined by the Board on the hasis cf the number of such hydrants, the prefsurc of wr.ter ~upply and tl>e cliame~er ~md size of pipes and fit!ings connecting the hydrants with the mains of the Board.
( 4) Meters shall be installed and owned by the Board and cost thereof shall be raid cut of the fund of the Beard : ·
Provided, however, that tl:e Beard may r(alise for the meters such charg,~s as it may from time te time specify by regulations.
Explanation.-In this section the expression
"Owner" includes an occupier where the premises or any part of it is in the occupation of such occu- pier and a separate water supply connection stands in his name.
32
58 THF. AS~AM CAZET.TE EXTRAORDINARY. JAN. 9, 1987
C
8
harge for 49. If the owner of any premises having inde- ewerage d f . , . 11 db th service only pen ent source 0 waxer SUpply IS a Owe· y . e in certain Board to t~ke sewen>.f;e service only, he shall be cases. liable to pay for such service such amount as would
be payable as surcharge calculated on the basis
of . water consumed from his independent source,
·the sarrie being deemed to be water supplied by the
Board. The .quantity of water so consumed shall
be determined by the authority by affixing meters
for such .· periods and at such places as it may deem
proper :
Provided that no such amount sh~ll be pay-
able by ·the owner of · any premises, solely used
for residential purpose, having not more than one
tube well of . diameter not exceeding, four centime-
ters or one ring-well as independent source of water
supply, if specifically exempted by the Board.
Presumption 50. The readings of meters indicating the quan- ~~ct~1e~~r~r tity of consumption of water shall be presumed to meters. be correct unless the contrary is proved.
Requisit~on 51. ( 1) Subject to the previous approval of the of Scrv1ces S G h B d · 1 1 or Local · tate overnment, t e oar may reqmre a oca Authorihe~ authority to perform specified functions on behalf for Certam f h d • . . h h 11 . f purposes. o t e Boar In connection Wlt t e co ect10n o . taxes, charges, surcharges or fees imposed under
this Act.
(2) The manner in which such functions shall be performed, the procedure to be followed in connection therewith, the manner by which the local authority shall account to the . Board, the time and manner of payment to the Board of the amounts collected, and the provision of credits or allowances, if any, to the local authority to cover its administrative costs shall be such as may be pre~cribed. ·
(3) For the purpose of fac~litating and enforcing. collections by the local authority under this section the Board or the · Managing Director, as tl1~ case may b~, may delegate to the local authority or any of Its officers all or any of the powers.
(
33
') 't'fTE ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 59 granted in this behalf in this Act or in the re~lations to the Board or the Managing Director, and in such event the relevant provision of this Act or the regulations shall apply nmtatis mutandis to the local authority and its officers. ::~~~:on . 52. (1) The Board shall by regulations specify the feeso and time, place and manner of payment of the taxes chargeS and fi ch d h bl -1 th' A recovery of ees, arges an sure arges paya e unc.er 1s ct. arrears
thereof.
(2) Interest at 6 per cent per annum shall be payable on all taxes, fees, charges and surcharges remaining unpaid after due dates.
· (3) The taxes, fees, charges and surcharges due from any person in respect of any premises on account of supply of water and other services rendered by the Board together with interest, if any, payable thereo:1 shall, subject to the prior payment of land-revenue, if any, due to the . Government thereon and of Municipal rates, if any, due to any Municipal Corporation, Municipal Board or Town Committee, as the case may be, be a first charge on the land and buildings, comprised in the premises, and upon the movable property, if any, found within such premises and belonging to the said person.
(4) (i) (ii)
If any local or public authority fails to pay the taxes, fees, charges and surcharges or any interest thereon due from it for a period of six months, the Board may approach the State Government for taking necessary steps for recovery of the same and the State Governmen-t may then attach the fund or any portion thereof belonging to such local or public authority. After attachment, no persqn except an Officer appointed in this behalf by the
34
60 Tim A SF; A 1.\'i GA.7.E'T'TR ExTRAORDiNARY, JAN; !), 1987 State Government shall in any way
deal with the attached . fund or portion
thereof but such officer may, do all Acts
in respect thereof which any such local
or public authority or Officer or employee
thereof might have done if such attach-
ment had not taken place and rt.lay
apply the proceeds in satisfaction of the
arrears and of all interest due in respect
thereof and of all expenses caused by the
attachment and subsequent proceeding :
Provided that no such attachment shall defect or prejudice any debt for which the fund attached was previously charged in accordance with law hut all such prior chaFges shall be 9aid out of the proceeds of the fund before any part of the proceeds is applied to the satisfection of the debt due to the Board.
CHAPTER IX
WATER SUPPLY
~oar~d to 53. (1) The Board shall provide supply of water pi;~} !!fet;.throughout the urban area for domestic, commercial, industrial, recreational and other private or public purposes in accordance with such public health standards as may be prescribed, and the Board may regulate · the hours, quantity and pressure of such supply .
. (2) The supply of water under sub-section (1) ·shall include supply, free of charge, of water for demestic purposes through public stand-posts for which the Board may erect such stand posts at such convenient places as it may consider necessary.
35
THE ASSAl'v! GAZETTE. EXTRAORDINARY. JAN. 9, 1987 61 The Board shall also, until such time as it may con~ider necessary, continue to maintain the existing hand-operated public tube-wells and ring-wells be- longing to a local body and vested in . it . under Section 18.
(3) The Board sHall not be liable to .· pay any penalty or damages for failure to supply water either due to accident or other unavoidable cause or due to necessary repairs, replacements, extensions or other works connected with such supply. Regula~~on 54. All connections of premises, street hydrants :~~~~:i;ns including fire hydrants and· places of pu.blic re~ort for supply to the mains of the Board for the supply of water ofwater. therein ·and all pipes, taps, and other fittings used for such supply shall be made, maintained . and regulated in accordance with; and subject to, such
";;; regulations as may be made. The Board may charge such connection and re-connection fees as may be provided by regulations.
Pov;ehr to di- 55. When any premises are without supply of rect t e Ow· h M . D. b . .
nerto obtain water t e anagmg uector may · y wntten notice ~upp1 and require the owner of such premises to obtain such p~~es, ~~~ra_supp]y and for that purpose provide at the cost of nts, e.tc. in such ow~er such pipes, hydrants, stand-posts and certain ca~es. h fit . d t . h tl k th ot er tmgs an execu e sue o 1er wor s as e Managing Director may decide :
Provided that-
. (a) the cost of executing the said works beyond seventy metres from the premises shall be paid out of the fund of the Board ; and
(b) if the Managing Director is satisfied that the owner . is unable to bear the whole or any part of the cost of even such· portion of the said works as is within
36
62 TUE ASSAM GAZETTE. EXTRAO~DINARY. JAN; 9, 1987 seventy metres from the premises, he may, with the approval of the Board; .direct that the whole ')f such part of the cost be paid from the fund of the Board.
P~ohibition 56. No person shall use water except as autho- o. unautho- • d b h · A ,_ 1 d h rised use of fl~e y t .IS Ct or regu atiOllS rna e t ereunder. water.
Prohibition
of wastage
of water
and keeping
in order
pipes, taps
etc.
Prevention
of wastage
of water in
premises.
57. (1) No owner or occupier of any premises w which water is supplied by the Board shall negligently or otherwise suffer such water to be wasted or shall suffer pipes, taps, works and fittings for the supply of water to remain cut c f repair s·o as to cause wastage of water.
(2) No person shall cause wastage of water by the misuse of public stand-posts, pipe.:;, drit:J.king fountains or hydrants.
58. (1)
(2)
·whenever the r.Aar:.aging Director has reason to believe that as a result of defects in pipes: taps or fittings con- nected '.vitb water-supply, the water supply to any premises is being wasted, he may, by written notice, require the Owner of the premises, within such period as may be specified in the notice, to repair and rr:ake good the defects. If the repairs are not effected within the time specified in the said notice the JV[anaging Director may cause such repairs to be made in order to stop wastage. The cost of such repairs shall be recovered from the Owner of the premises as an arrear of water charge. Permission 59. No tube-well shall be sunk in any urban of ~o:rd area except in accordance with such regulations as ~u:-weils. may be made and without obtaining previous per- mission of th~ Managing Director in writing. The Managing Director may grant such permission subject to such further conditions as he may deem fit or may refuse to grant permission.
37
THE ASSAM GAZETTE. EXTRAORDINAnY. JAN. 9. Hl87 63 Power to
the
Managing
Director
to cut off or
turn off
supply of
water to
premises.
60. (I) Notwithstanding anything contained in this chapter, the Managing Director may cut off the connection between any water works of the Board and any premises to which water is supplied from such ''orks or may turn off such supply, in any of the following cases, namely-
(a) if the premises ·are unoccupied ;
(b) if after receipt of written notice from the Managing Director requiring him to refrain from so doing, the owner or occupier of the premises continues to use water or to permit the same to be used in contravention of this · Act or any regulation made thereunder;
(c) if the owner or occupier refuse& to admit any officer or employee of the Board duly authorised in that behalf into the premises for the purpose of making any inspection relating to water supply, or prevents such officer or employee from making such inspection;
(d) if the owner or occupier of the premises wilfu1ly or negligently injures or dama- ges the meter or any pipe or tap conveying water from any works of the Board;
(e) if any pipe, works or fittings connected with the supply of water to the premises be found on examination to be out of repair to such an extent as to cause such wastage of water
that immediate prevention is necessary;
(f) if by reason of a · leak in the service pipe or fitting, damage is caused to a public street and immediate prevention is necessary ; or
38
64 THE ASSAM GAZETTE. EXTRAORDINARY. lAN. 9, 1937
(g) if there is· any water-pipe situated within the premises to which : o tap or · other efficient means of turning the water off is attached:
Provided that , except in the case where ~y reason of any of the circumstances . referred to m clauses (d) to (g) there is risk vf contamination of water, the Managing Director shall p.ot cut off such connection or turn off such . supply unless notice of not less than twenty four hours has been given to the owner or the occupier of the premises. as the case may be. ·
(2) No action taken under or in pursuance of this section shall relieve any person from any penalties or liabilities which he may otherwiae have incurred.
(3) The expense of cutting off the connection or of turning 0ff the water and of restoring the same as determined by the Managing 'Directc.r in any case referred to in sub-section 0) . shall be paid · by the owner or occupier of the premises : · Provided that no charge for such expense shall be made in the case mentioned in clause (a) of the said sub-section.
l..:&Ying of 61. When it is necessary to bring water into =ru~lon the urban area from any place outside i t, the Board of aqueducts may, if required, construct dams, reservoirs or other ~~~· !=i:~d facilities outside the urban area, and may lay pipes- IU'!lll for or construct aqueducts and in so doing may exer- ~;:.n~~! i~a·cise, throughout the line· of country outtide the urban area through whi<:h such pipes or aqueducts are to ·run, all the powers which it might exer- cise under this Act ·or any regulation made there- under if the said pipet or aqueducts were to run within. the urban area.
Power of the. 62. When the Board has taken over the water- ~ ov!~ 1 supply service in any area under Seeton 18 or is other water in a positicn to supply water in any -area where =~1Y sys- there is no such water supply service, . the Boa~d may, after serving at least three months notice m such manner as may be provided by regulations
. take over any independent water-supply system in the area belonging to-
39
. THE ASSAM GA7.f:T'T'R EX'I'RAORDTNARY JAN. q, J087 6.5
(a) the State Go~crnment, on such terms and conditions c.s the State Government may determine, and
(b) any person,. 'firm, Corporation or other or- ganisation, on payment of compensation calculated 0n the basis of the market value . on the date of service of the notice ·of all the properties connected with such system.
CHAPTER X
.DRAINAGE AND SEWERA.GE
~:c' J;aF . 63. ( 1) The Board shall co~struct and . maintain nage .. and ·drams and sewers · and provtde a safe and sufficient Se~er~e 11 outfall, in o·r outside the urban area, for effectual an ou a · drainage and proper discharge of storm water and sewage of the· urban area.
(2) .'If the outfall deteriorates by the decay of existing rivtr channel or otherwise, the State Gt•Vern- ment may require the B0ard to take at its · cost such action as may be necessary tt• ensure a safe; and sufficient outfall.
Power of the 64 · Power of the Board under section 6] shall . the pt_,w(;r to.- Boar~ to • I improve, dm-InC ude Conti"~~~ dra-
ias, etc. ! .
(a) enlarge, arch-over cr otherwise improve any of its drains, . cr
· (b) discontinue, .close up cr destroy any c•f its drains which ' has in its cpinien bec<•mcs usekss (r unnecess2.ry, c-r
(c) ccnstruct . [l.ily new drain in the pbc~ .; r . an existing drain in any land whetlin · any of its dmin•· has alre?..dy been lawfully ccnstructcd, or repair . or alter any . drain so constructed :
40
. THE ASSAM GA7.f:T'T'R EX'I'RAORDTNARY JAN. q, J087 6.5
(a) the State Go~crnment, on such terms and conditions c.s the State Government may determine, and
(b) any person,. 'firm, Corporation or other or- ganisation, on payment of compensation calculated 0n the basis of the market value . on the date of service of the notice ·of all the properties connected with such system.
CHAPTER X
.DRAINAGE AND SEWERA.GE
~:c' J;aF . 63. ( 1) The Board shall co~struct and . maintain nage .. and ·drams and sewers · and provtde a safe and sufficient Se~er~e 11 outfall, in o·r outside the urban area, for effectual an ou a · drainage and proper discharge of storm water and sewage of the· urban area.
(2) .'If the outfall deteriorates by the decay of existing rivtr channel or otherwise, the State Gt•Vern- ment may require the B0ard to take at its · cost such action as may be necessary tt• ensure a safe; and sufficient outfall.
Power of the 64 · Power of the Board under section 6] shall . the pt_,w(;r to.- Boar~ to • I improve, dm-InC ude Conti"~~~ dra-
ias, etc. ! .
(a) enlarge, arch-over cr otherwise improve any of its drains, . cr
· (b) discontinue, .close up cr destroy any c•f its drains which ' has in its cpinien bec<•mcs usekss (r unnecess2.ry, c-r
(c) ccnstruct . [l.ily new drain in the pbc~ .; r . an existing drain in any land whetlin · any of its dmin•· has alre?..dy been lawfully ccnstructcd, or repair . or alter any . drain so constructed :
41
66 . THE ASSAM GAZETTE. EXTRAOR.DTNARY, JAN. 9, 1987
Provided that-
(i) if, In the exercise cf any r:f its r.owers con-· ferrcd by this secticn, it is propo~ed to demolish any r.cuse-dmin, a written notice shall be served upon the owner of such drain ; <'.nd .
(ii) if by reason cf anything done under this section, any person is deprived of the law- ful use of any drain, . the Board shall as socn as p<,ssible, provide for his use some other drain as effectual as one which has been demolished, closed up < r destroyed· ~'J o~othe f 65f:. {1) Wh~reh. it isfnecessary for the purpose carry its dfa- o out all or dtsc arge <\ sewage to carry any dra- inah bebyond . in cf the Board outside the urban area,· the Board t e ur an d ·
area for spe- may 0 so--
cific purpose.
(i) thrc.ugh, across or under any street or any place laid out as or intended for street, and
(ii) after giving reasonable notice in writing to the owner and occupier, into. through or under any land whatsoever or under any building.
(2) In the exercise cr any power under this section, the Beard shall cause as ·little damage as pcssible to any property and shall pay compen- sation 10 any person who sustains damage in con- sequence of the exercise of su:ch power· · Communica- 66. .The Board may, if necessary, make its dra- !!on i~:rd ins to 9~mmun.icate with . or empty themselves into with drains. any· pubhc dram, lake, stream, canal ot water-'-'Crurse ~;~~de!~·~ o~tsidteh the hurbanh ar
1
e_a andf in so doing.dit . mhay exber. urban area. c1se roug out t e me o country outs1 e t e ur an area, through which the said drains are to run; all the powers which· it might exercise under this Act if the said drains were to run entirely in the urban area. Right of • 67· The owner cr occupier cf any premises owner or h 11 b · 1 d hi h • d · . occupier of s a c entit e to cause s . (J use- ram to empty premiseds ~o into a drain of the Board, provided that, before
empty rain, j · h ·
into drain I 0 Ing 80, e-·
of the Board.
42
Tim AS~AM GAZETTE. EXTRAORDINARY. JAJ\7. 9, 1997 67 (c.) c btains a written permission cf the Mana~ ging Director and pays connectkn fee in accordance with the regulations, and ·
. (b) complies with such condition as the Mana- ging Director may specify as to the mode in which, and the superintendence under which, communica- tions . between he use drains and the drains of the
. Board are to be made. ~nh· ndect~on . ~8· No perscn shall without complying . with Wit rainS 1 . . f Sect" 67 k b · of the Board t 1e provisiOns o ICD rna e cr cause to t not to be made any ccnnection cf a house drain with a drain
made except
in conformityOf the Board. ·
with llection ·
. 67.
Compulsory 69. When a house drain belonging to cne or
. ~nn:OC:,~ m~re ~ersons has been laid in a priVa~e street drainswitli which IS common to more than one preffilses, and each other. the Managing Director considers, if desirable, any other premises should be drained into such drain, he may, by written nctice, require the owner of such premises · to connect" his house-drain with such first-mentioned drain and the owner of such first- mentioned drain shall thereupon ·be be und to per- mit such connection to be made:
Provided that no such connection shall be made except upon such terms as may be provided by the regulations and until any payment which may be directed by the Managing Director in accordance with the regulations, ·has bee~ duly made. . · ·Power to 70. When any premises are, in the opinion of anforce.Drai·the Managing Direetc·r, withe ut JUfficient means of ~:..:~o effectual d:t;,~iMge, he may by written nQtice require · the owner of the said premises-
( a) to · make house-drain emptying into a drain of the Board j
(b) to provide and setup all such appliance and fi~tings, as may ·appear to the Managing Direc- tor necessary for the purposes of gathering and re- ceiving the drainage from, and .conveying th ~ . same
43
'8 THE ASSAM GAZETTE EXTRAORDINARY. JAN. 9, 1987 off. the said premises and of effectually flushing such house-dr.ain and every fixture connected there- -with; or ·
· (c) to remove any eXIstmg house-drain, or other appliance or thing used or intended to be used for drainage which is injurious to health;- Provided that---,.
(i) in cases whe~e the drain of the Bo~rd is beyond seventy meters from ·the prerruses the cost of constructing the portion of the house- drain beyond seventy metres from the pre- mises shall be paid out of the fund of the · Board; and
(ii) if the Managing Director is satisfied that the owner is unable to bear the whole or any part of the cost of conatructing even the portion of the house-drain as is within seventy meters from the premises, he may, with the approval of the Board, direct that whole or such pati of the cost be paid from the fund of the Board·
~r?Vi•ion t 71· Where any premises are without privy or J~ :Ucco-: urina.l accommodation or if the Managing Director is ~moda~ of the opinion that the existing accommodation thereof !;h!~~ available for the persons occupying or uaing the :,c:_:ommoda- premises is insufficient, · inefficient, · or for .anitary .....,.. has not b" . bl h M . n· been provi- reasons . o ~ect10na .e, t c anagmg 1rector may, de~~ is in- notwithstanding anything contained in any law
au lcJcnt. governing any Municipal Corporation or Municipal
Board. or Town Committee as the case may be, or
in. any rule· or bye-law made thereunder, by written
notice, requires the · o~ner the sucb premi,srs to
(a) provide such or such additional privy or urinal accommodation as he may. specify, or
(b) make such structural or other alterations in · the existing privy or urinal accommodation as he may specify, or
44
'MTE ASSA~·I GAZETTE. EXTRAORDINARY. JAN. 9, 1987 6'
(c) substitute privy or urinal accommodation directly connected with a sewer for any service privy, or .service urinal accommodation, within ninety days of such requisition.
eo.st orr rt;- 72. When a notice has been issued under Sec- patr o prtvy • 71 · f • · 1 1... of Fayable out tton m resp-ect o any pnvy, urma or grou,.., o~ t~e ~undd privies or urinals and the Managing Di~t.Or is
fn tc:rtal~r satisfied that the O\mer of the land or building
cases. on or in which any · such privy or urinal is 'situa-
ted is unable to pay the whole or part of the
. expenses of carrying out the work required · hy the :J.otice, he may, with the previous approval of the Board, direct that such expense3 or ·such portion thereof be paid out of the fund of the Board. t"t~wifan~~ 73. (1) If any house drain, ventilation, shaft · ging Direc~ or pipe, cesspool, house gully, privy urina:l or bath- tor .to requtre· h' 1 · · · · · · c: d
repair~, etc., mg or ·WaS tng pace lll any premiSes lS .lOUD On to be made inspection and ·examination by the Managing Direc- to house- b h . ffi h . d b h' . . drain, etc. tor or · y any ot er 0 cer aut onse y , 1m m this behalf to be not in good order or .conditiori,
or constructed in contravention of any of the pro-
visions of this Act, or rule or bye~aw made under
the same~· prevailing at the time of such construc-
tion, the Managing Director may by written notice
require the owner of the premises-
(a) · to close or remove the same or any encroa· chment thereupon, or
{b) to renew, repair, cover, re-cover, trap, ·ventilate, pave and pitch, flush, or cleanse or tak~ such other action · as he may think necessary in this regard.
(2) In any such _case the Managing Director may forthwith and without notice- ( a) stop up or demolish any house drain by which sewage, offe-nsive matter or polluted water is carried through, from, into or upon aqy premises in contravention of any of the provisiQn. of this Act or any regulatioP made thereunder, or
45
70 TTTR .t\SSAl\:1 G -~ZB'i'TE. EXTRAORDINARY, JAN; 9, 19S7
(b) clear, cleanse, or open out any house- drain which is choked, blocked or in any way obstructed, and all expenses incurred in so doing shall, in the discretion of the ~anaging Directqr, be . . paid by the owner or the occupier of the pre- nuses.
R,tplatid '
such regula~ions as may be made.
Power of ' ~ 75. Under the provisions of this c:hapter and
~:rn1o chapter IX, the Manag~ng Director may require
rcquireoccu-the owner of any premises to carry out any work,
pi~tocakrr.Y he may, if he considers it desirable so to do,
:&.cew~~1nreqtiire the occupier of the said premises to carry
owner. out such work and the occupier shall be bound to comply with . the requisition:
Provided that ·except in the case of a special agreement to the contrary, such occupier may deduct the amount of the expenses reasonably incurred or paid by him in respect of such work from the rent payable to the owner or may recover the same from him in any court of competent jurisdiction: Explanation-An occupier who is a tenant shall be deemed to have given his written consent to any expenditure iucurred (or any work done in pursuance of chapter IX · aDd X of this Act which amounts to an impwvement. ·
Tumgover 76. (1) When the Board has taken any of the ~ •!:! 'ret· services relating. to sewer~g~ _ and ~r~inage in 3;ny ~ardor area under section 18 or ISm a position to provide other se;e- sewerage · and drainage where there is no · such d:;e .service, the Board. may, after serving at least three system. month's notice in such manner as may be provi- ded. by regulations, take over any independent · sewerage or drainage system in the. area belonging to-
. (a) the State Government, on such terms and conditions as . the State Government .may determine, ~nd
46
THE ASSAM GAZETTE. EXTRAORDINARY. JAN .. 9, 1987 '71 -Prosecution
(b) any p~son,
(2) Notwithstanding anything · to the contrary contained in the Assam Municipal Act 1956 and The Guwahati · Municip~l Corporation Act 1969, and · any other Municipal . Corporation Act which may come into force from tiiQ.e .to time after the Board has taken ever the Municipal ·services rela- ting to water supply, drainage or sewerage in any area, any wqrks constructed in any street within the area by any Development Authority constituted under Assam Town & Country Planning Act 1959, in the course of execution of any improvement or development scheme for providilig water, sewe- rage or drainage facilities therein· shall vest in the Board on and from the date of such street vests in the Municipal Corpc-ration, Municipal Board or Town . Committee, as the . case may be· CHAPiER XI
Prosecution and Penalty.
. 77. No court shall take cOgnisance of any Offence under this Act or any rule or regulation . JDade there- under ex~pt on the complaint of an officer of the Board authorised by it in this bchal£
. . 78. ivhoever contravenes the provision of this Act or of any rule or regulation made ·thereunder shall be Aunishable with imprisonment which may exten
CHAPTER XII
Miscellaneous. Power to · 79. The Board may,. for the purpose of carrying .
. :::;* out its functions, up.dertake sl\rvey within and outside the urban area and for that purpose it shall be lawful · for any officer of. the Board- .
47
'72 TfiE ASSAM GAZETTE. EXTRAORDINARY, JANJ 9, 1987
(a) to enter upon and takeJevel of any land;
(b) to dig or bme into tli~ sub-soil :; .
(c) to mark levels ·and boundaries by placing marks and cutting trenches; and .
(d) "vhere other wise the survey cannot be completed and levels taken and boundaries marked, to cut down and clear away.ahy part of any standing crop, fence or jungle ;
-
Provided that before entering upon any land the Board shall give notice of its iatention ' to do so in such manrrer as may be provided by· regulations. ~w~ 80. The. Board may from tim«~ to time place and p~e and to maintain . pipes, drains anCi "c)ther installations upon, m.aintaJn . along, across or under any. immovable ·property and . pi: ra1nsenter Upon Such property for IUCh purpose and for the . purposes of examining, repairing, altering or
removing such pipe, drains and installations ;
Provided that the Board · .shall not acquire any
right other than that of user only in the property
upon, along, · across or under which the Board place
the pipes, drains and other installatio~s : .
. Provided further that . before commencing any operation under this seCtion, the Board shall g&ve notice of its intention to do so in auch manner as may be provided by regulations.
i!Y4:!~ 1 e 81. while exercising any power conferr~d . upon the Board under Section 79 and 80, the Board shall cause as little damage as possible to any property., and shall pay compensation to all penons· interested in any such property, not being a property of the State Government, for any damage swtained by them in consequence of the exercise of such power. '"':{ •b ci . 82. The Board may for the purpose of carryini out :!.,:.eorftvits functiom under this Act, with the previous sanction of the , State Government, compulsorily acquire any land with or without structure thereon under the provi.sicns of any law · for the time being in force authoritiui such acquisition~ ·
48
THE ASSAM GAZETTE. EXTRAORDINARY, JAN. 9,. 1987 73
~ansf't,of ~3. When any land has been acquired in pur- Boarlo t suance of Section 82, · the collector within whose juri1diction the land is 'situated shall;upon payment of the cost of acquisition, ·make over charge of land to the Board, and the land shall thereupon vest in the Board, subject to the liability of the Board · to pay any further cost which may · have been incurred on account of its acquisition. ,eon~tion~ · 84· Subject to the provisions contained in Sec-:-
:rn::~C:n3 tion. 8, for al1 appointments . under the said section employees. the method of recruitment, qualifications, pay and .other terms and conditions of service shall be such as may be . Provided by regulations·
anO::Io e· 85. (1) . All of?cers and employ~e~ of ~e Board ·es ~o ~su~- shall be subordmate to the Managing D1rector· ordiQllte to · · ·
the Managing
Director.
(2) Any officer dr employee aggrieved by an order or d~cision of the Managtng Director or any other officer authorised by the Managing Director in this behalf inflicting punishment on him, may appeal · ~o the Board and the deCision af the Board thereon shall be final.
Delegation · 86 :The exercise of any power delegated under of Powers. this section shall be subject to . such restrietio!l and conditions as may be specified in the order and also to control. and revision by the Government or by such officer as may be empowered by the
Government in this behalf or, as the case may
be. by the Board or such officer as may be em-
powered by the Board . in this behalf:
:Powera ·0 f 87. . The Managin~ Director may; subject to the ~anaging control of the Board-
Dtr~to, ~ to.
the· · 'Instttu~
t ion, comPoSi·
tion; etc. of
legal procee-
dings and ob-
taining legal
advfcc.
(i) institute, defend or · withdraw from legal procl:edings instituted under this Att or any rules made thereunder ;
49
74- THE ASSAM GAZETTE. EXTRAORD!NARY JAN. 9, 1997
(ii) compound any offence against this .Act or . any ,rules made · thereunder which, under any law for the t!me being in force or the rules prescribe by the Government may lawfully be com- pounded; · · ·
· (iii) ·admit, compromise or withdraw any claim made under tbis Act or any rules . or byelaw~:: or schemes made thereunder ; ·a:nd ·
(iv) obtain legal advice and assistance as may from time to time, think necessary or expedient to obtain, or as may be desired by the Board to obtain, for any of the purposes referred · to in . the foregoing c~auses of this section, or for securing the lawful exercise or discharge of any . power or duty vested in or imposed upon the , Bol;l,rd or any · officer or employee of the Board~ Power oftbe . · 8J The· Government may issue to the Board · ~~:~:~:d:rsuch o~der ·and directions as in their opinion: are ~d direc- necessary or expedient for carrying out .the ptir- uons to the f h. ·d h B h 11 · a-Board. poses o t IS Act an t e oard . s a g1ve euect · · . to all such orders and directions.
:,dj~:!c~~:~ · 89. (I) ., Whetl . a dispute exists between- the'. betwee! the Board and ()ne or mor~ other local. authority or Board and among local ~uthorities in regard to any matter
LocaiAuth- . • • d . h . . fth" A d. h oridea. · ans~ng un er t e prov~sJons o JS ct, an t e State · Government are . of th,e opinion that the
parties are unable to settle. it amicably among them-
selves; they · may take. cognizance of .. the dispute and
decide it themselves.
(2) The decisio:n . of th.e State Government. thereon ·shall be ·binding on the .Board and the lo~l authorities conc~rned and · shall not be liable to· be questioned in ·any court of !aw. Eirect or oth- 90. Saye .. as otherwise ,provided in .·· this Act. er laws. the provisidns of this Act shaJl have · effect not.:-
withstanding anything inconsistent therewith contai- ned in . it, any other law .for the time being in fcrce or any custom, us~ge or contract o~ clecree Or order of a court or other authority, and the pro vWODS which do not suffer from any such incon.
50
THE ASSAM GA7.ETTE. EXTRAORDTNARY. JAN. Q, 1M7 75
· sistency shall be in addition to . a1;1d not in der&- gatiori. of any other law for ,the time being in force.
No.tic.A .of 91· No suit shall be · instituted against the ~':!.cs ge~~tBoard, ·or any Director, or any officer or employee of the Board, · or · any persori acting under the di- rection of . the Board, or of the Chairman· or M a- naging . DirectoJ;' or any officer or employee of the Board, in . respect of any action done or intended to be done under this Act .or any rule · or bye- law or scheme made thereunder untill the expi- ration of sixty days next after written notice has been delivered or left at the Board's office or the place of abode of such officer, employee or person, stating the cause of action, the ·name and place of abode of the intending plaintiff, and the relief which he claims, and the plaint must contain . a statement as to whether such notice has ·been so delivered or left.
C:ompeasa• 92. (1) · When any person is convicted of any uontobes:r. · A 1 · b 1 paid br Off. ouence under thts ct or any ru e or ye- aw or endera for scheme made thereunder, the magistrate convicting Dalllace ca- h li . d . thi b used bysuc .Pellon may, on app cation rna e m s e- thea. half by the Board or by iti officer or employee
authorised by 'it in this behalf, call upon such per-
son forthwith to show cause as to ··why he 1hould
not pay compensation to the Board for damage
caused by the commission or ommission in respect
of ·which he is convicted.
(2) The Magistrate shall record and consider any cause which such person may show and if the magistrate, after making such enquiry as he may think fit, is satisfied that such person is liable to pay compensation, may direct that a sum, not exceeding one thousand rupees as he ·may determine, be paid by such person . as compensation to · the Board.
(3) The amount of compensation directed to be paid · under sub-section (2), shall if it be not paid forthwith, be recovered as if it were a fine im.posed by the magistrate on such person.
51
76 THE ASSAM GAZETTE, EXTRAORDINARY. JAN. 9. 1987
'
!rro!~~~~i fil9
1
3. No person sha:hll rem~ve· any mark pf)aced, of mark.. or . up any trenc cut, tor the purpme o mar- king levels and bounderies by . the Board under the provisions of this Act. ...,
Mode ofre- 94'. (1) If anv amount due to the Board in covery of · ' f h
due,·. accordance with the terms o a contract or ot er- wise or. any ·sum payable in connection therewith, or any dues referred to in Section 44 of this Act, has not been paid by the pers.:>n liable for pay- ment of the dues within thirty days from the service of notice of demand, such sum together· with all costs and penalties, if any, may be recovered under a warrant issued in the form to be prescribed by distress and sale of the movable property or the attachment and . sale of "Che immovable property of the defaulter·
(2) where the property is · in the urban area, the warrant shan· be addressed to an employee of the Board and where the property is outside the urban area, to the collector of the district c0nce- rned, who shall proceed to collect it as arrear of land revenue: · ·
Provided that the employee to whom the war- rant is addressed may endorse such warr~nt to a subordinate employee.
· (3) For every warrant issued under this section , a fee shall be .charged at the rates ·to be prescri-
. bed by the Board and the amount of the said fee shall be. included ~n the cost of recovery. A1fthen~- 95. (1) All orders and decision of the Board ~~:'r~ :n_d shall be authenticated by the signature of the Se- other imtru- ctetary or any ·officer of the Board authoriserl in ments of 't' b · h B d · h' b h If. the Board. 'W rt mg Y t e oar lll t IS e a •
(2) The Managing Director or any officer of the Board authorised in writing in this behalf may sign on behalf of the Board any agreement . or other instrument to be execut i•alf of the Board·
52
TI-m AS~AM .GAZETTm. EXTRAORDINARY. JA1\l. 9, 1987 77 S• Stan,
1
Ping 96. Every notice or bill which is required by -1gn ure on h' rr?tic~ t IS Act or b~ any rule or bye-law made there- or Btl!s. under to bear the signature of the Managing Di- rector or any other Director or .'Of any Officer or employee of the Board, shall be deemed to be pro- perly signed if it bears the facimile of the signa- ture of the Managing Director or such other Dire- ctor or such officer or employee as the case may be stamped thereupon.
Prore~tion 97. (1) No suit, prcsecution or other legal or k acu~n proceedings shaH lie against any person tbr g:de
0
fai~~- anything which is, in good faith, done or intended to be done in pursuance of this Act or any -rule or c,rder ·or scheme made . thereunder.
(2) No suit or other legal p-r:o~edings shall . lie against · the Government, the Board or any com- mittee there ot; for any damage caused or likely t-o. ·he caused· by aryything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order or scheme made ·the- reunder.
Ofticers and . , 98. All officers and ~mployeea of th~ Board and · employees ;lny person. entrusted wtth the executiOn of any of the Bo3:rd function under this Act, shall be deemed to be to be publac bl' 1 . hi h . f t" 21 employees.- pu IC emp oyees Wit n t e meanmg o sec JOn of the Indian penal Code (Central Act XLV of
53
'18 TJTB ASqAM CAZETTE EXTRAORDINARY. JAN', 9, l987
(2) Without prejudice to the · provisions of sub-section (1), every local body shall ·on demand make available free of cost," certified copies or extracts from assessment lists and other relevent documents in connection with assessment of annual value qf premises and levy of taxes, fees and charges . .
(3) Without . prejudice to other provisions of this Act and notwithstanding . anythine contained · in any oth~r law for the time being inforcd, the State · Government may give to any local body such direction as in its opinion may be necessary or expedient for enabling the Board to perform its functions under this Act and thereupon it shall be the duty of the local body to comply with such directions. ·
~~ Aut- 101. All building plans submitted to a Muni- !:':.~..r;~ dpal Corporation, Municipal Board, Town Com- building f:lunmittce or Development Authority for s::mction shall :-;:/~~conform to the bye-laws of the Board relating to water .sup~ly water supply, drainage, privy and urinal accomo- :~rO::.ii;" dation within t!J.e premises and no ~u!lding plan with b~e- shall be sanctioned by the. authorities of any laws. Municipal Corporation, Municipal Board, Town Committee or . Development Authority, unless the same so conforms.
f?etermina- · l 02 ( 1) The value of air properties and assets tloa, ol the ' vahae of vested under Section 18 shall, after notifying the ;:.~~·;ro- . date and time for the purpose and allowing an opportunity of being heard to .the local authori-
ties or others concerned, shall be determined by
the Board, and such determination shall be final
subJeCt · to an appeal which may be preferred
within thirty days from the date of such deter-
mination to such judicial officer of the State
Government not below the rank of a District
Judge and in such manner as may be prescribed.
(2) The value so determined under sub-sec- tion (1) shall ·be entered in the Books of the Board as the value on the date· of transfer.
54
~ .l.tfsAM· G~Em.: ~~AllY. ~·'·~A~~ '· _19&7 .. 11
I I
.._ ·ot . · 103. It . shall · ~ 1£. wful . for ·the - W...a11aging. · ..,. Direc~or . or. any officer · a&ithorised by . · him in this behalf.. to enter · into / :pr · upon any ·Jand Or building 'within- . the urban . a.;ra l with . or with- out . assistants or . workmen .· in 'order to niake any enquiry, inspection, measl,lrement Qf . valu- ation, or to execute any work which _is autho-
.rised . by or under this . Act or which ·it is necessary t() execute for any of the p_urposes or in pursuance of any o( the provisions of this Act or of any rule or regulation · made thereunder ;
Provided that before · entering · upon i)ucn 1and or building, notice of the .intention to · do so shall be given ·to the owrier. or occ'4-pier or both in sucb. manner as may be provided by regulations.
r:s=.i~! 104. ( 1) The Managing Director or· an officer · and exa- authorised _' by him in t_his . behalf may- · · mination
(a) inspect and examine any house-drain~ ven- tilation shaft or pipe, cess-pool, house-gully, privy, urinal or bathing .. or washing place existing in, or any pipe, tap, fitting or meter :for S!!pply of water to, any premises ; and
. (b) . if necessary. for the purpose of such in- spection and examination, cause the ground or any portion of any house-drain or other work exterior to a building or any portion of . a building to be opened, broken":J.p or removed :
Provided that in the prosecution of any such inapection and . examination as little damage as possi- ble shall be done. .
(2) Any ground or any portion of any house drain or other work exterior to a building, or any portion of a building opened, brokenup or removed under ~lause (b) of sub-section (1) shall be filled in, re-instated and made good by- .
(a) the owner of the premises at his own cost where the works or things mentioned in clause (a) of sub-section (1) are found on inspection and ex- amination to be riot in good order or condition or
55
cotlltructedr incontnwention of any of~ ·r-~- of this Act or any ·regulation made thereunder', «. of_ an / other Act, or rule or bye-h~ ~(\e under the· same' prevailing at the time. of such' constnap.. ti~.~ . .
(b) the Board, in other cases. . ( 3) Where the owner of any premises raises any dispute as to the exis.tence of any of the cir- cumstances referred to in clause (a) of · sub-section · (2) he may, within thirty days from the date of inspec_tion and examination, make a ~ritten r9prc- sentation to- . . ·
. · (a) the Managing Director, in cases where the inspec tion and examination is done by any officer of the Board other than the Managing Director;and
(b) the Board, in · other cases, and the decision of the Managing Director or the Board as the case may be, shall be final.
~ :d 105. (1) When any requisition or order is made D M~nagct ing under any of the provisions of this Act or a.ny re-•re or to ul t' d h d b · t' . d enforce re- g a 10n rna e t ereun er y a wntten no 1ce tssue q~sitioo or by the Board or the Managing Director, a reasona-
or er. ble period shall, unless otherwise provided for "under
such provision, be specified in such notice for
carrying such requisition or order into effect, and
a reasonable period shall also be specified therein
within which any written objection thereto shall be
received by the Managing Director. ·
(2) Such written objection, if anv, shall be heard and disposed of by the Managing Director after giving notice to the objector and the order of the Managing Director thereon shall be final.
(3) If the requisition or the order is not com- plied with within the period specified in the notice -or, if an objection has been preferred and dis- allowed, within such extended time as may be speci- fied in the order of disposal of the objection, the Managing Director may take such measure or cause such works to be executed or such things to be done as may, in his opinion, be necessary for giving due etrect to the requisition ·or the order so made, and unless it is .otherwise expressly provided in this
•
56
TTTF. ARRA M GAZETTE. EXTRAORDINARY. .TAN. Cl 1987 81 Act or in any regulation made thereunder, the ex- penses thereof shall be paid· by afiy one of the per- sons to whom such requisition or order was add- ressed and shall be recoverable as arrears of. water- charge. ·
(4) The Managing Director may take any mea- sure under sub-section (3), whether or not the per- son who ?as. failed to comply with the requisition or order ts hable to punishment or has been pu,- secuted or sentenced to any punishment under this Act or any regulation made thereunder for such failure.
~ron· 106. ( 1) The compensation payable under Sections · 62, 65, 76 and 81 shall be determined by the Manag- · ing Director or any otJ.er officer authorised by him in this behalf in such manner as may be prescrib- ed; provided that where the amount of claim ex- ceeds rupees twenty-five thousand, the Managing Director shall refer the claim to the Board which shall then determine compensation in such manner as rna y be prescribed.
(2) Where several persons claim to he entitled to the compensation, the Board; the. Managing Di- rector or the officer, as the case may be, deter- mining the amount of compensation under sub-sec- ·tion (1) shall determine the persons who in its or his.' ' opinion, are so entitled and apportion the amount among them.
(3) Determination of the amount of compen-
. sation under sub-section (1) and of persons entitled thereto and apportionment thereof under sub-sec- tion (2) shall, subject to appeal as hereinafter pro- vided, be final.
API*L 107. (1) Any person aggrieved ' by• an ' order of tho M~agi.ng , DireCtOr ot _ tJiei offici:r n~ermining the annual · value or atiy larid' ot 11!ih ... · .g under Section ~6 or by an order" or the F 1-lrd; the Man- .. • g . Director or' the o1fleet; ai:·: th.e' eut1 may be,. dCt-.minios fP.e'amourit or cdmpenmdotJ! dlldcr su~ ~ ( 1) of'SCctidrt' 1n6 cJtl dt'tlridllta~ t8 p ... oa• entitled the~to · or' appQrtibriha~ tJtW· ..._t tlllereof
57
82 TIIE ASSAM GAZETTE . .'EXTHAORDINARY. JAN~ 9, 1987 under sub .. section (2) ofthe said section may, · within sixty days" from. the date of such order, prefer an appeal to such authority as may be appointed by the State Government by notification.
(2) No person shall be appointed under sub- section (1·) as an authority to hear appeals unless he is or has been a judicial officer for at least 10 years.
(3) Appeals under sub-section (1) shall be filed and heard in such mai1ner as may be prescribed. Prohibition 108. (1) No person shall, in any way, obstru.ct of obstruc- • d
tioft; any Director officer or employee of the Boar m the discharge' of any duty or the exercise of any power under this Act.
(2J No person shall obstruct any perS
Assam Municipal Act, 1956 or the Guwahati Muni-
cipal Corporaticm Act, 1969 or any other Act for the time bei11g in force relating to such services shall stand repealed in the area.
Dude• or II 0. (1) It shall be the duty of every Police PoUce Offi- Officer-
c:en.
(a) to co-operate with the Board for carrying into effect and enforcing the provisions of this Act or any rule or regulation or scheme made thereull.der;
(b) to communicate without delay to the proper officer or employee of the Board any informa- tion, Which such police officer received, of a design to commit, or of the oommissi()n of, anyoffenceagainst this Act or any rule or regulation or scheme made there under; and
58
4
Tim /\SRAM GAZETTE. EXTRAORDINARY, · JAN. 9. 1987 93
(c) to as.sist the Board or any officer or employt:e of the Board reasonably demanding the aid of such police officer for the lawful exercise cf any power vesting in the Board or any such vfficer or employee under this Act or any rule or regulation or scheme made thereunder.
(2) Any police officer Who omits or refuses to perform .any duty imposed on him by this Act, shall be deemed to have ccmmittc.d the offence under the relevant provisions of ·Assam Pclice Act.
(3) The State Gc.vernment may empower ' any officer vr staff or any clgss of dficer cr staff of the Board to exercise the powus c,f a · p0Hce officer for the purpcses of tbis Act.
Arrest of · 111. (1) Any police officer not below the rank offenders. of a head constable, may arrest any person who Cfl:nmits in his presence, any offence against this Act c·r any rule or regula tic nor scheme made there- under, if the name c r address of such person be uriknvwn to· him and if such persun on demand declares to give bs name or address, or gives a name or address which such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascer- tained or for any longer time than is necessary for bringing him before a magistrate and in no case shall such detention exceed twenty-four hours from the time of arrest without the orders of a magis~ trate.
Offence• by 112. (1) If the person committing an offence Companies. under this Act is a Company, every person, who at the time the offence was committed was in-charge of, and was responsible to, the company for the ccnduct of the bminess of the cempany as well as the compar..y, shall be deemed to be guilty c.f the offence, and shall be liable to be proceeded ag"-inst c.nd punished accc·rdingly :
Provided that nothing containrd in this section shall render any such perl'ion liable to any punishment
8.-t THE ASSAM GAZETTE. EXTRAORDtNARY JAN. 9, - 1937 Emerpncy
f.::· of
-~ Director.
provided in this Act, if he proves that the offence was committed without his knowledge, or that he ex~cised all due diligence to prevent the commission of the offence.
· (2) Notwithstanding an) thing contained in sub-section (1) where an offence under. this Act, has been committed by a company, and it proved that the offence had been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer . of the company, such director; mana- ger, secretary or other officer shall also be deemed to be proceeded against and punished aecordingly. EXPLANATION.-For the purpc>sesofthis section,- ( a) 'Company' means a body corporate and includes a firm or other· association of in- dividuals; and .
(b) 'director' in relation to a firm means a partner in the firm.
113. The Managing Director may, in cases of emargency, direct the execution of any work or the doing of any Act which requires the sanction of the Board if t.he immediate execution or the doing of which is, in his opinion, necessary service or safety of the public and rna y also direct that the expenses of executing the work or of doing the act shall be paid from the funds of the Board:
Provided that,-
(a) he shall not act -p.nder this section in con- travention of any direction of the Board or Government prohibiting the execution of any particular work or the · doing .of any particular act.
(b) he shall report . the action taken by him ·under· this section and the reasons thereof to the Board at its next meeting and shall also submit a copy of his report to the Government and tlte Boru::d or the Government as the case may . be, may ·issue such directions as it or they may deem fit ~n such report.
60
'riTE AS~AM GA7.E'M'R EXTRAnRDTNARY. JAN. o. J()S? SS \, .
Revision. · 1 14. ( 1) The Goveflliilent . m~ y call . for . the records · of any · proceeding o[ the Board or any officer subordinate to the • Board fqr the purposes of satisfying itself · as to the legality or propriety of any order or proceedings and may pass such order with respect thereto as it thinks fit. .
'
· (2) The Board may call for the records of any proceedings 'of any officer subordinate to it for . the purpose of satisfying itself as to the legality or propriety of any order or. proceedings and may pass
. such order with respect t~ereto as it thinks fit. .
(3) No order under sub-section (1) or sub-section
(2) spall be made to the prejudice · of ~ny J?er~on unless he ~s had a reasonable opportuntty of bemg h~cl. .
CHAPTER XIII
. Rule.s . and Regulations :
'Powet to 115. :( 1). The StaJe Ooverriment ni~y makc ·ru,~s mUle .rates. for carrying .out the purposes of . this A.(;t· . . . ·' . -
. · (2})n .:Pa~1cular , an~ without prejudice to the g~rtcp;1~It~ ~f ·the forego1~g pow{,r. such rules may ptov1de fut --.c:
(a) all matt(;rs · expressly requ,~re~ or allowed by this Act to be prescribed ; ·
(~), the quaUfic.a.tioils .. f~·r a.ppointmcnt of.. and the . gtant of leave of absence .. to, the Vice~Cha~rrnan and tl c· M nb.g~1:g Diret k..- of t he Board ~
(c) the conqitions of. ser,vice of the Vice-Chair-· :Ili&.to;:1nc~~jftf~Kc ~~~~~i~ a~$ ~; . t~:~~!~~ or ' s~tting fees' tor att¢rid~n~· tlie meeting pf ~pe Bo~rd and any other allcwz.nccs and the . manner cf fillmg casual ·vacaricies hi, the office ''of the riO'n.:qfflcial di- rectors of the 13oard ;' . .
61
8' THE ASSAM GAZETTE. EXTnAORDTNARY, JAN. 9, 1987
(d) the functiuns cf the Board;
(e) the conditions for the acquisition, transfer, etc., of any property· by the Board ;
(f) the mutual relationship of the Board and other local authorities in any matter in which they are jointly interested ;
tg) the manner of operation of funds by the Board;
(h) the borrowing and lending of money by the Board;
(i) the form and manner and the time limit for the submission of statistics and returns by the Board to the Govetnment;
(j) the manner in which the accounts c.f the Board will have to be published;_ tk) the rights, privileges and authority of audi- tors appointed under this Act; ·
(1) the offictr befcrc whom an appeal may be prefern.d and . the manner of"" doing so under sub- secticn (1) of Sectiun 102;
(mr ·th{.; ·manner. of det<.rmining annual vduc under S·;cticn 46 ;
·(n) tbc .public health standards of water-supp1y nnd~ sub-section (1) of s~ction 53 ;
(o) the manner L-f determining compemation un- der .. ~ sub-sect},. n ( 1) 0f Stctii-n I 06 ,
(P) ·tht manner of filing · and hc~ring cf appeals under . sub~sectjon (3). £f s ~ct·ion 107 ;
(3) All ntles made undn th1s Act sh?.ll be pub- ·'lished ifl tht Official Uaztttc and tmlcs!-. they are exprcs~•ed tn come 'int ... , fo1ce on: a particulr.r day, -sha.ll come .' into force i>n· ~he 'day on which tbey arc S0 publi eu. .
62
TRP! ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1937 17 Power to
maUftl\1-
lariona or
byo-laws.
116. (1) The Board may by notification make regulations or bye-laws not inconsistent with this Act, and the rules made therettnder, tbr the pmpose of giving effect to the provisions of this Act.: ·
(2) In particular and without pr~judice to the generality of the foregoing power, such regulations- or byc-law:S may provide for-
(a) all matters expressly required or allowed by tbis Act to be prescribed by regulations ; '(b) terms and .conditions of appointment and service and the scales of pay of officers and employees of the Board including the pay- ment of · travelling and daily allowances in respect of journeys undertaken by such offi- cers and employees of the Board;
. (c) the supervision :and control over the acts and proeeeding of the officers and employees of the Board and the maintenance of disci· pline and conduct among the officers and
. employees of the Board;
(d) the procedure in regard to the . transa«ion of business at meetings of the Board in- cluding the quorum ;
(e) the purpose for which and the manner in which temporary associafion of persons may be made;
(f) the duties, functions and terms and condi- tions of . service of the members of the Committees ;
(g) · the duties, functions and the powers of the Chail'man, Vice-Chairman, the Managing Director, the Secretar1J.... the Chief Engineer, the Chief, Accounts vmcer and other offi- cers of the Board;
(h) the manner and . the form in which a sin- king fund, a depreciation re&erve fund and a development fund shall be constituted ;
63
. 88 THE · ASqAM GAZETTE EXTRAORDINARY . .JAN. 9, 1987
(i) the manner and the form relating to . the mai~tenance of the accounts of the Board;
(j) the terms and conditions for supply of water for domestic and other purposes; .
(k) the installation of 'meters or the transfer of their connection, and their use, maintenance. testing, disconnection and reconnection, the fees the rent and other charges in respect thereof, including the furnishing of security by the consumer and matters · connected therewith;
(1) the manner of notifying the rates of water · charge, sl.rrcharge and .tax . under sub-sec~ tion (2) of Section . 44; . · ·
(m) the manner of determining consumption of water :u:nder sub-section (2) arid (3) of Sectiori 48; ·
(n) the time; · place. and manner of Payment of taxes, . fees, charges and surcharges under sub-section (I) · of Section 52 ; · .
(o) . the rules for making, maintain'mg and re-
. gulatirtg connections· for the supply of water and fees for c~nnection and reconnection. under Section 54;
(})) the . conditions for sinking 'tube wells under · · S~tion 59; · · . ·· .
(q) the proce
. (a) of Section .67; ·(r) . th,e terms and the amount pa}'able for com- .. pulsory connection ... of · houSO'-drains under the proviso to Section 69; · ·
~s) ·the. rules for__<:()nstruction, maintenance, etc., of ·drains, priVies ap~ · winals . under Sec- tion 74; · ·
.
l:
.
"""·
64
r-·
I
I
• · 1'fiE ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 &~
(t) all matters in connection with investigation, construction, maintena,nce .and repair of any water works, sewerage system and drain:;~.ge system or for such systems contingent upon them;
(u) any other matter which may be · or is re- quired to be provided by regulations under. this Act. . · · .
(3) , No regulation/bye-law . ·or . its cancella- tion or modification shall have effect until the same shall have been approved by the Government. · (4) The Government may, by notification,. rescind any regulation made under this section and thereupon, the regulation shall cease to have effect.
CHAPTER XIV
TransitOI'Y 117 ( 1) Any water-tax· or drainage-tax imfoaed provitiona · by the local body ·concerned in respect o any urban area before the appointed day, and any notification, notice, order, direction, rule; bye-law or form in relation to such tax or to the provi- sion of water-supply or sewerage or drainage ser- vices immediately before the appointed day, in- cluding any assessement or order or order for exemption of connection, disconnection or rcconnec- tion made or granted, or penalty imposed in respect of the owner or occupier of any premises, or any licence issued to a plumber, or any order made in connection therewith, under any provision of law applicable to tho local body having jurisdiction over the urban area, and in force until other pro- vision or order is made or other proceeding~ or action taken under this Act by the Board for im- position or assessment of such tax or for grant or such licence or connection or provision of su<'.h servica, and reference in such notificati011, notice, order, direction, rule, bye-laws, or licenct" to the
65
90 THE ASSAM GAZET'TE. EXTRAORDINARY. JAN; 9, 19S7
(2) All proceedings for acquisition of land in
. connection with any water-supply or sewerage or drainage services or sewage farm initiated by or at the instance of any local body or the State Public Health E11gineering Organisation before the appoin- ted day under the Land Acquisition Act, · 1894, or any other ·law shall · continue from the stage at which they· are pending on the appointed day, and the Board shall . be substituted for such local bcdy or the State Public Health Engineering Organisa- tion, as· the case . may be, and those proceedings shall be deemed to be for the benefit of the Board, and all liabilities in respect thereof shall fall on the Board.
K. LASKAR,
Joint Secy. to .the Govt. of Assam, Legislative Department,
GUWABATI -P.rintcd ar.d Publbhcd by tll~ Supdt. i./c. Asaam Govt. Pre11 · (Ex-Gazette} Ko. Jl- l,:?.fl2~500-9-l-1987.
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