PUNJAB GOVT. GAZ. EXTRA, NOVEMBER 22. ^13
(AGHNI, 1935 SAKA)
DEPARTMENT OF LEAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 22nd November, 2013 No. 53-1Leg./2013.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 2lst Day of November, 2013, is hereby published for general information:
THE PUNJAB WATER SUPPLY AND SEWERAGE BO0ARD
(AMENDMENT) ACT, 2013
(Punjab Act No. 42 of 2013)
263
AN
ACT
further to amend the Punjab Water Supply and Sewerage Board Act,
1976.
BE it enacted by the Legislature of the State of Punjab in the Sixty fourth Year of the Republic of India as follows:
1. ) This Act may be called the Punjab Water Supply and Short title and
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
2. In the Punjab Water Supply and Sewerage Board Act, 1976 (hereinafter referred to as the principal Act), for the words "Managing Director", wherever occurring except in section 5, Explanation to section 6 and section 71, the words "Chief Executive Officer" shall be substituted.
3. In the principal Act, in section 4, for sub-section (5), the following sub-section shall be substituted, namely:
"/5) The Chief Executive Officer shall be a whole-time director and shall be appointed by the Government from amongst the officers belonging to the Indian Administrative Service, who have served as such for a minimum period of nine years in the cadre and ifit is not possible to appoint such an ofiicer, then from amongst the officers belonging to the Punjab Civil Service (Executive Branch), who have served us such for a minimum period of eighteen years.".
COMmencemcnt.
Amendment n
Punjab Act 28
of 1976.
Anendment in
Section 4of
Punjab Act 28
of 1976.
Sewerage Board (Amendment) Act, 2013.
PUNJAB GOVT. GAZ. (1'XTRA). NOVEMBER 22.9003
— HN 1, 1935 KA)
DEPARTMENT OF LEG L AND 1 GIST TI E AFFAIRS. J T
OTIFI TI N
I' November, 2013 No. 83-Leg./2013.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 21st Day of November, 13, is hereby published for general information:-
J ATE SUPP SEWERAGE BOARD
A MENT) CT,
(Punjab Act No. 42 of 2013)
ACT
J r e nj ater ppl erage oar Act,
1976.
BE it enacted by the Legislature of the State of Punjab in the Sixty- rt ear of the epublic f India f l s:-
(I) hi ct a h nj ater l erage oar A endment) ct, 3. shall e it ct om t its publication in the Official azet e. nj ater pl erage oar ct,
(hereinafter referred to as the principal Act), o h or anagi Director", herever ur i g pt n S xplanati n to section 6 1, h or s hief Executive Officer" shall be substituted. n principal ct, o - cti n h o low
sub-section l stit ted, mely:-
"(5) i Executive Officer shall be a hole-t me director and shall be appointed by the Government from amongst the officers i o h n dmin strative r ice,
for a minimum period of nine years in he f t s not pos ible to i t u n o f r, he rom ongst the officers belonging to the j i il i E cuti e r nch), v a u o
m i t years."
Short title and
commencement.
Amendment in
Punjab Act 28
Amendment in
Section + of
Act
ol 1976
1
4.
PUNJAB3GOVT. GAZ. (EXIRA), NOVEMBER 22, 2013 264
In the principal Act, in section 5, (i)
(AGIIN 1, 1935 SAKA)
(i) in sub-section (), the signs and words ", the Managing in the heading, the signs and words ", Managing Director, " Punjab Act 2% of shall be omitted; and
Director," shall be omitted.
substituted, namely:
5. In the principal Act, in section 6, in the Explanation, the words "or Amendment in the Managing Director" shall be omitted.
"M. (4) The Board may appoint four Chief Engineers, a General
Manager (Finance), a General Manager Appointment of Officers and
employees of
Board.
(Human
Resources), a Secretary and such other officers and employees as it may consider necessary for the efficient performance of its functions.
6. In the principal Act, for section 11, the following section shall be Substitution of
section I| in
(2) Out of the four Chief Engineers, the senior-most shall be
designated as Engineer-in-Chief- cum - Technical Adviser
and shall be posted at headquarters of the Board and the
remaining three Chief Engineers shall be posted in the field.
Amendment in
(3) The posts of General Manager (Finance) and General
Manager (Human Resources) shall be in the rank and pay
scale of a Chief Engineer.
section S of
(4) The Board shall not, without the previous approval of the
Government, sanction the creation of posts in the rankand pay scale of a Junior Engineer and above.
(5) The Chief Executive Officer may appoint, temporarily, tor a period not exceeding three months, such officersand employees as may, in his opinion, be required for the purposes of this Act, and the employment of whom for any particular work had not been prohibited by any resolution of the Board and every appointment so made shall be reported by him to the Board at its next meeting.".
1976
section 6 of Punjab Act 28 of
1976.
Punjab Act 28 of
1976.
PUNJAB GOVI GAZ (EXTRA). NOVEMBER 22.9013
(AGIIN 1, 1935 SAKA)
4. In (he principal Act, in section §, ) > 3 0 $ 1" (1m the heading, the signs and words "| Managing Director, shall be omitted: and
(11) in sub-section (1), the signs and words " . the Mana ng Director, " shall be omitted.
S. Inthe principal Act, in section 6, in the Exp a o the words "or the Managing Director" shall be omitted.
6. In the principal Act, for section 11, the fo lowing section shall be substituted, namely:-
"1. (1) The Board may appoint fou C E i eers, a General Manager (Finance), a G er l Mana e (Hum Appointment of
Resources), a Secretary an suc o h officers and Officers and m s o employees as it may consider r o th efficient Board. ] ]
o mance s u ct ns.
(2) Out of the four hief ngine rs, h senior-most shall be designated as ngine r-in-Chief — — Technical Adviser and shall be posted at eadquarters f the Board and the remaining three Chief ngine rs hal e osted in the field.
(3) The posts of General anager (Finance) and General Manager (Human Resources) shall be in the rank and pay scale o a Chief Engineer.
(4) The Board shall not, without the previous approval of the Government, sanction the creation of posts in the rank and pay scale of a Junior Engineer and above.
(5) The Chief Executive Officer may ap oint, emporarily, for a period not exceeding three months, such officers and employees as may, in his opinion, be required for the purpose of this Act, and the employment of whom for any particular work had not been prohibited by any resolution ofthe Board and every appointment so made shall be reported by him to the Board at its next meeting.".
ection § olf
Punjab Act 28 of
1976
Am ndm in section 6 of Punjab Act 28 of
1976
Substitution of section 11 in Punjab Act 28 of
1976
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 22,2013
(AGHN1. 1935 SAKA)
7. In the principal Act, in section 18. in clause (viii), for the sign
appearing at the end, the sign "." shall be substituted and thereafter, the following proviso shall be added, namely:
265
"Provided that if in the opinion of the Government. it is expedientor necessary so to do, it may, by an order, withdraw any function assigned to the Board wholly or partly in respect ofa local authority or may ass1gn any additional function to it.".
8. In the principal Act, in section 19, in sub-section (l), for clause (ii), Amendment in the following clause shall be substituted, namely:
"ii) to incur expenditure and undertake any work in any area of a local authority. whose water supply and/or sewerage works are assigned to it, for the preparation and execution of such schemes as it may consider necessary for the purpose of carrying out the provisions of this Act, or as the case may be, the functions entrusted to it by the Government.".
9. In the principal Act. for section 26, the following section shall be substituted, namely:
Transfer of
employces of
local authority
to the Board.
Provided that such officers and employees shall not be entitled to any deputation allowance:
Provided further that the conditions of service applicable to such officers and employees shall be the same as if they are the employees of the local authority.
Amendment in
section 18 of
Punjab Act 28 of
1976.
"26. (1) AIl the officers and employees engaged in connection with the 1976. water supply or/and sewerage services of a local
authority, whose such work is assigned to the Board,
shall stand transferred on deputation to the Board from the date of the order of the Government assigning such work:
(2) For the purposes of salaries and allowances admissible to the officers and employees referred to in sub-section (1) and allowing them the benefit of gratuity, contributory provident fund, pension and other facilities, they shall be treated in the same manner as if they were the officers and employees of the local authority concerned.
(3) The burden of payment of salaries, allowances and other benefits to the officers and employees referred to in a sub-section () shallbe borne by the Board, out of its own fund, from the date they stand transferred to the Board on deputation.",
section 19 of
Punjab Act 28 of
1976.
Substitution of section 26 of Punjab Act 28 of
PUNJAB GOVT. GAZ. (EXTRA), 2013 3
A 1, 935 S KA)
Inthe principal Act, in section 1 . in a ( iii), o h sign appearing at the end, the sign ":" shall be substituted and h after, h o low proviso shall be added, namely:-
"Provided that if in the opinion of the Government. it is expedient or
necessary so to do, it may, by an order. i u o gn to the Board wholly or partly in respect of a local authority or may assign non
any additional function to it.".
8. Inthe principal Act. in section 19, in sub-section (/). for cl s ( , the following clause shall be substituted, namely :-
"(ii) n endit r er or n local authority. whose water supply and/or er e or are g to it, for the arati n d ut of ch es i
necessary for the s of car ying t h o o ct h a . h u on u ed o h Government.
h l ct. o , h o low n ion l
bstituted, namely:-
26. All officers and employees engaged in connection with the I'ransfer ater pl er e l
ployees of } ar, SR
Ua
; authority, hose ch ork is signed
al authority '
J oard,
h oard.
t f t er f h overnment igning uch work:
shall stand transferred putation to oar om
r vi ed t ffi ers ployees shall not be entitled to putati n o ance:
Provided further that the conditions of service applicable to such officers and employees shall be the same as if they are the employees of al thority.
(2) or rposes of salaries o ances mis ible officers and employees referred to in sub-section (/) and allowing the benefit of gratuity, contributory provident fund, pension and other cilities, al e anner er
officers and employees of the local authority concerned.
(3) r ent laries, allowances and other enefits ffi ers ploye s b-section 7) shall r e oard, t d, om at
transferred to oard deputati . ".
Amendment in
section 18 of'
Punjab Act
endment n
section 19 of
b c
1976.
bstituti n ion
ct
1976.
3
PUNJABGOVT. GAZ.(EXTRA, NOVEMBER 22,2013
(AGUNI, 1935 SAKA)
10. ln the principal ACt, scetions 26-A, 26-3. 26-Cand 26-D shall be Onission of omitted.
11. In the principal Act, in section 32, in sub-scction (3), for the words and sign "by virtue of this Act, " the words, signs, figures and brackets "by virtueof this Act and under the provisions of the Punjab Municipal Fund Act, 2006 (Punjab Act No. 27 of 2006), " shall be substituted.
13. In the principal Act, the existing provision of scction 69 shall be numbered as sub-section () thereof, and after sub-section (), as so re numbered, the following sub-sections shall be added, namely:
266
"(2) Ifany difficulty arises in giving effect to the provisions of the Punjab Water Supply and Sewerage Board (Amendment) Act, 2013, the Government may, by an order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing that difficulty:
12.In the principal Act, in section 34, sub-section (2) shall be omitted. Amendment in Provided that no order shall be made under this sub-section after the expiry of a period of two years from the date of commencement of the Punjab Water Supply and Sewerage Board (Amendment) Act, 2013.
(3) Every order made under sub-section (2) shall be laid, as soon as may be after it is made, before the Legislative Assembly.".
14. In the principal Act, in section 7 1, in sub-section (2),-
(i) in clause (b), the words "and the Managing Director" shall be omitted;
(i) in clause (c), the sign and the words ", Managing Director"
shall be omitted; and
(iüi) clauses (cc) and (g) shall be omitted.
H.P.S. MAHAL,
368/11-2013/Pb. Govt. Press, S.A.S. Nagar Secretary to Government of Punjab, Department of Legal and Legislative Aairs. section 26-A, 26
3, 26-C and 26-[D
of Punjab Act 28
of 1976.
Amendmcnt in
A
1976.
Punjab Act 28 of section 34 of Punjab Act 28 of
1976.
Amendment in scction 69 of Punjab Act 28 of
1976.
Amendment in sCction 71 of Punjab Act 28 of
1976.
4"
PUNJAB GOVT ( IAZ (EXTRA), NC WWEMBLR 2) 201% 06
AGHN1, 1035 SA )
10. In the princip | al Act, sectiony 20-A. 26-13 omitted.
20-C and 26-D shall be
11. Inthe principal Act, in sectio aad sign "by virtue of this Act. " (he words, signs, figures an brackets "bvirtue of this Act and under the provisions of the Punjab Municipal Fund Act, 2006 (Punjab Act No. 2 012006) , " shall b substituted.
In sub-section (3), for the words
12. Inthe principal Act, in section 34, sub-section (2) shall omitted.
13. In the principal Act, the existing provision of section 69 shall be ber - ct 7 r of, -section (1), as so re-
numbered, the owi -secti ns al ed, namely:-
"(2) Ifany difficulty arises in giving effect to the provisions of the Punjab Water Supply and Sewerage Board (Amendment) Act, 2013, the Gover ment may, by an order published in the Official Gazette, mak suc provisions, not inconsistent with the provisions of this Act, as ma appear to it to be necessary or expedient for removing that difficulty:
al ade er - ct
the expi a period of wo years from the date of mencement of the Punjab Water Supply and Sewerage Board (Amendment) Act, 2013.
(3) er o er ade er sub-secti n (2) shall be laid, as s a ade, r h Legislative ssembly.".
14. In the principal Act, in ion 71, in -secti n (2), -
(i) n ), h or s h anaging irector" all it ed;
(i n , h g h or s anagi g irector"
shall it
(i i) s 8) al it ed.
H.P S. AHAL,
Secretary over ment f Punjab, epart ent egal egislative ffairs. 368/11-2 3/ b. ovt. r
ss, .S.
Omission of
we A 26
13, - 1)
of Punjab Act 28
ol 1976
Amendment in
section 32 of
j A t
1976.
Amendment in ion
Punjab Act 28 ot Amendment in e ion o
Punjab Act 28 of end ent n
ect o
j ct
4