(1) This Act may be called the Rajasthan Water Supply and Sewerage Corporation Act, 1979.
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
01-07-1967 | Rajasthan Water Supply Rules 01-07-1967 |
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
22-08-1988 | Public Health Engineering Department Extraordinary (Notification 22-08-1988) | |||
22-08-1988 | Rajasthan Water Supply and Sewarage Corporation August( Notification 22-08-1988) |
In this Act, unless the context otherwise requires:-
(1) As soon as may be after the commencement of this Act, the State Government shall, by notification in the Official Gazette, with effect from a date to be specified therein, establish for the purposes of this Act a Corporation to be called The Rajasthan Water Supply and Sewerage Corporation.
(1) The Corporation shall consist of the following, namely:-
A person shall be disqualified for being appointed or continuing as Chairman, Managing Director or a non-official Director, if he-
(1) The Chairman, unless appointed ex-officio shall hold office for three years. The State Government may, if it thinks fit in public interest so to do, by notification in the official Gazette, terminate the appointment of the Chairman earlier without entitling him to any right to compensation whatsoever.
(1) If at any time, it appears to the State Government that the Chairman has shown himself to be unsuitable for his office, or has been guilty of any misconduct or neglect which renders his removal expedient, or has incurred any of the disqualifications mentioned in section 5, it may, by notification in the Official Gazette, remove him from office after giving him reasonable opportunity of showing cause.
(1) The Corporation may appoint such officers and servants as it considers necessary for the efficient performance of its duties and discharge of its functions against the post sanctioned by the State Government. The recruitment and the conditions of service of the officers and servants of the Corporation shall be determined by regulations.
All proceedings of the Corporation shall be authenticated under the signatures of the Chairman or of any Director authorised in this behalf by the Chairman and all other orders and instruments of the Corporation shall be authenticated under the signatures of the Managing Director or of any other officer of the Corporation as may be authorised in this behalf by regulations.
Subject to the provisions of this Act the Corporation may, by general or special order, or by rules to be prescribed, delegate, either unconditionally or subject to such conditions, including the condition of review by itself, as may be specified in the order, to any committee appointed by it or to the Chairman or the Managing Director or any other officer of the Corporation such of its powers, duties and functions under this Act as it deems fit, not being its powers, duties and functions under sections 34, 62 and 67.
(1) Any Director of the Corporation or a member of a committee appointed by the Corporation, who-
No act done or proceedings taken under this Act by the Corporation or a committee appointed by the Corporation shall be invalidated merely on the ground of-
The duties and functions of the Corporation shall be as follows, namely:-
(1) The Corporation shall, subject to the other provisions of this Act, have power to do anything which may be necessary or expedient for performing its duties and discharging its functions under this Act.
(1) Notwithstanding anything contained in any other law for the time being in force, the Corporation may give such directions to any local body, with regard to the implementation of any water supply or sewerage scheme financed by it under clause (a) of section 14, as it thinks fit, and such body shall be bound to comply with such directions.
The Corporation may include in the cost of any scheme or work, the execution or further execution whereof is undertaken under clause (a) of section 14, supervision and centage charges at such rate; not exceeding such limit as may be prescribed, as it may determine under clause (e) of sub-section (2) of section 15.
(1) From such different dates as may be specified, from time to time, by the State Government (hereinafter in this section referred to as the appointed date):-
Where any doubt or dispute arises as to whether any property or assets has vested in the Corporation under section 18 or any rights, liabilities or obligations have become the rights, liabilities and obligations of the Corporation under that section, such doubt or dispute shall be referred to the State Government, whose decision shall be final.
(1) Notwithstanding anything contained in any law for the time being in force, the Corporation may, at any time, with the previous approval of the State Government, take over any water supply and sewerage services for maintenance or augmentation or improvement; from any local body, and in such cases:-
In respect of water works taken over from a local body by the Corporation, all debts and obligations incurred, all contracts entered into, all matters and things engaged to be done, by, with or for any local body prior to taking over the water works by the Corporation, shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation, and all suits or other legal proceedings instituted or which might, but for transfer and vesting under subsection (1) of section 20, have been instituted or defended by or against the local body, may be continued or instituted or defended by or against the Corporation.
If the State Government is of the opinion that it is in the public interest that the Corporation and other local bodies having jurisdiction over continuous areas should co-ordinate their activities in relation to water supply services or sewerage services or both, it may issue such directions to the Corporation and the other local bodies concerned as it may think fit, and it shall be the duty of the Corporation and the other local bodies to comply with such directions.
(1) On and after the establishment of the Corporation, the State Government may, from time to time, direct that the services of such of the existing officer and servants of the State Government in the Public Health Engineering Department, who in its opinion, are rendered surplus to its requirements shall stand terminated and their posts shall stand abolished, from such date, as may be specified by it (hereinafter in this section referred to as the appointed date), and shall on that date (which may be different for different officers and servants) become the officers or servants of the Corporation.
Every contract or assurance of property on behalf of the Corporation shall be in writing and executed by such authority or officer and in such manner as may be provided by regulations.
The Corporation shall have its own fund to be called the Corporation Fund, which shall be deemed to be a local fund and to which shall be credited all moneys received by or on behalf of the Corporation, otherwise than by way of loans.
(1) The Corporation shall also have another fund to be called the loan fund, which shall also be deemed to be a local fund and to which shall be credited all moneys received by or on behalf of the Corporation, by way of loans.
The Corporation shall not, as far as practicable, and after taking credit for any grant or subvention from the State Government under section 28, carry on its operations under this Act, at a loss.
The State Government may, under appropriation duly made in this behalf, from time to time, make recurring and non-recurring grants and subventions to the Corporation for the purposes of this Act on such terms and conditions as the State Government may determine.
The State Government may, from time to time, advance loans to the Corporation on such terms and conditions, not inconsistent with the provisions of this Act, as the State Government and the Corporation may agree upon.
Under appropriation duly made in this behalf, the State Government may make an initial contribution to the Corporation Funds of rupees one crore or such lesser sum as it thinks fit.
(1) The Corporation may, from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as the State Government may, by general or special order impose, borrow any moneys required for the purposes of this Act, by making arrangements with the banks or other bodies or institutions approved by the State Government for this purpose.
The Corporation shall create a depreciation reserve and make annual provision therefor in accordance with such principles as may be prescribed.
The State Government may guarantee the re-payment of any loan and payment of interest on all or any of the loans given or transferred to the Corporation for the purposes of this Act.
(1)(a) In February of each year the Corporation shall submit to the State Government a statement in the prescribed form of the estimated Capital and Revenue receipts and expenditure for the ensuing year.
(1) The Corporation shall with the prior approval of the State Government and by notification in the Official Gazette, fix the cost of water to be supplied according to volume and also the minimum cost to be charged in respect of each connection.
(1) The Corporation shall with the prior approval of the State Government and by notification in the Official Gazette, fix the cost of disposal of the volume of total water supplied to the consumer, as may be prescribed) and also the minimum cost to be charged in respect of such disposal.
(1) The Corporation may provide water meters and charge such rent for the meters as may be provided in the bye-laws.
The Corporation, may by bye-laws, provide for requiring any consumer or class of consumers to deposit such sums as may be specified therein, as security for prompt payment of its dues and due performance of the conditions subject to which services are rendered to them. It shall be lawful for the Corporation to recover its dues from the amount so deposited.
Any sum due to the Corporation on account of cost of water, cost of disposal of waste water, meter rent fees, charges, taxes) development charges or otherwise under this Act, shall without prejudice to any other mode of recovery, be recoverable as arrears of land revenue.
(1) The Corporation shall levy for supply of water and sewerage services to the public in general within a local area:-
The cost of investigation, preparation and execution of any scheme undertaken or to be undertaken by the Corporation in an urban area shall be recoverable at such rate, and in such manner as may be prescribed-
The supply of water for domestic purposes under this Act means supply for any purpose, except the following, namely:-
No person shall, except in such circumstances or subject to such conditions as may be provided by the bye-laws, use or allow to be used water supplied by the Corporation for domestic purposes for any other purpose.
(1) No person other than a plumber licensed by the Corporation shall execute any work unless it is a work of a trivial nature in respect of a water connection and no person shall permit any such work to be executed by a person other than a licensed plumber.
(1) No owner or occupier of any premises to which water is supplied by the Corporation shall cause or suffer any water to be wasted or cause or suffer the service pipe or any tap or other fitting or work connected therewith to remain out of repair so as to cause wastage of water.
(1) The Corporation may cut off the water supply (except the water supply provided for general public) from any premises-
(1) No person shall-
The owner or occupier of any premises shall be entitled to empty sewage of the premises into a sewer of the Corporation, provided that before so, he-
Where any premises are, in the opinion of the Corporation, without sufficient means of effectual disposal of sewage and the sewer of the Corporation is situated at a distance of not more than fifty meters from any part of the premises, the Corporation may, by written notice, require the owner of the said premises to have sewer connection as provided by bye-laws. Where an owner has been required to have sewer connection and he fails to do so, he shall be liable to pay sewerage charges in accordance with section 36 of this Act.
No person shall, without the permission of the Corporation make or cause to be made any connection or communication with any sewer of the Corporation.
No person shall, without the permission of the Corporation, construct any private street, building or other structure on any sewer of the Corporation.
The Corporation may, for the purpose of vetilating any sewer or cess-pool, whether vested in the Corporation or not, erect upon any premises or affix to the outside of any building, or to any tree any shaft or pipe as may appear to it to be necessary.
(1) Where it appears to the Corporation that there are reasonable grounds for believing that a private sewer or cess-pool is in such condition as to be prejudicial to public health or to be a nuisance or that a private sewer communicating directly or indirectly with a sewer of the Corporation is so defective as to admit sub-soil water or grit or other materials the Corporation may examine its conditions and for that purpose may apply any test not being a test by water under pressure and if it deems it necessary, open the ground.
No person shall-
(1) Any officer or servant of the corporation authorised by it in that behalf, may, with or without assistants or workmen, enter into or upon any premises in order-
Any officer or servant authorised by the Corporation in that behalf may have any tank, pool or well, cleaned or disinfected after notice to the owner or occupier, if any, when it appears that such cleaning or disinfection will prevent or check the spread of any dangerous disease, the cost of cleaning or disinfection shall be recoverable by the Corporation from the owner or occupier of such tank, pool or well.
Whoever contravenes any of the provisions of this Act or of any rule or bye-laws, or fails to comply with any notice, order or requisition issued under this Act or any rule or bye-law shall, on conviction, be punished with fine which may extend to one thousand rupees and with further fine which may extend to fifty rupees for every day on which such contravention or failure continues after the first conviction.
No court shall take cognizance of any offence under this Act, except on the complaint of the Corporation, made within six months next after the commission of the offence.
(1) Where an offence under this Act has been committed by a company, every person, who at the time of the offence was committed was responsible to the company for the conduct of the its business, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly;
(1) The Managing Director or any other officer of the Corporation authorised by it by a general or special order in that behalf may either before or after the institution of proceedings for any offence punishable under this Act, accept, from any person charged with such offence, by way of compensation for the offence, a sum not exceeding two thousand rupees, as he thinks proper.
(1) In the performance of its duties and discharge of its functions, the Corporation shall be guided by such directions on questions of policy as may be given to it, from time to time, by the State Government.
The Corporation shall, as soon as may be after the end of each financial year, prepare and submit to the State Government, before such date and in such form as the State Government may direct, a report giving an account of its activities during the previous financial year, and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Corporation in the next financial year. The State Government shall cause every such report to be laid before the House of the State Legislature as soon as may be after it is received by the State Government.
(1) All local bodies shall render such help and assistance and furnish such information to the Corporation, and shall make available for the inspection and examination of (and if necessary, preparation of copies from) such record, maps, plans, and other documents as the Corporation may require to perform and discharge its duties and functions under this Act.
In any case not otherwise expressly provided for in this Act, the Corporation may pay reasonable amount as compensation to any person who sustains damage by reason of the exercise of any power vested by or under this Act,in the Corporation.
No suit, prosecution or other legal proceedings shall lie against the Government, the Corporation or the directors or any officer or servant of the State Government or of the Corporation for anything which is in good faith done or purported or intended to be done in pursuance of this Act or any rules, regulations or bye-laws made thereunder.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(1) The Corporation may, with the previous approval of the State Government, make regulations consistent with this Act and the rules, for the administration of its affairs.
The Corporation, may with the previous approval of the State Government, make bye-laws consistent with this Act and the rules for carrying out the purposes of this Act in respect of any matter affecting the general public.