(a) Minister - incharge of Planning Chairman
(b) Managing Director of the Corporation Vice-Chairman
(c) Principal Secretary to Government, MA & UD Department Ex-Officio Member
(d) Secretary to Government (RD), PR&RD Department Ex-Officio Member
(e) Chief Accounts and Finance Officer of the Corporation Ex-Officio Member;
(f) One Representative of any Department of the Government as may be nominated by the Government.
(2) The powers, functions, and duties of the Executive Committee shall be such as may be laid down by regulations.
6. Disqualification for Membership and removal of members - (1) A person shall be disqualified for being nominated as a non-official Member or continue to be such Member, if he,--
(a) is an employee of the Corporation except the Managing Director;
(b) is of unsound mind, and stands so declared by a competent court;
(c) is an undischarged insolvent;
(d) is convicted for an offence involving moral turpitude;
(e) has, directly or indirectly by himself or by any partner, employer or employee, any share or interest, whether pecuniary or of any other nature, in any contract, or employment with, by or on behalf of the Corporation; or
(f) is a Director, Secretary, Manager or other Officer of any company, which has any share or interest in any contract or employment with, by or on behalf of, the Corporation:
Provided that, a person shall not be disqualified under clause (e) or clause (f) by reason only of his or the company in which he is a Director, Secretary, Manager or other Officer, having a share or interest in,-
(i) any sale, purchase, lease or exchange or immovable property or any agreement for the same;
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(ii) any agreement for loan of any money or any security for payment of money only;
(iii) any newspaper in which any advertisement relating to the affairs of the Corporation is published;
(2) the Government may remove from the Corporation any non-official Member nominated by the Government, who, in its opinion,-
(a) has been disqualified under sub-section (1);
(b) refuses to act;
(c) has so abused his position as a Member as to render his continuance on the Corporation detrimental to the interest of the public; or
(d) is otherwise unsuitable to continue as Member.
(3) no order of removal under sub-section (2) shall be made unless, the non-official Member has been given an opportunity to submit his explanation to the Government and when such order is passed, the office of the Member so removed shall be deemed to be vacant.
(4) A Member who has been so removed under subsection (3) shall not be eligible for reappointment as Member or in any other capacity, in the Corporation.
7. Meetings of Corporation - (1) The Corporation shall meet at such times and places as the Chairman may decide and shall, subject to the provisions of subsection (3), observe such rules of procedure in regard to the transaction of business at its meetings including the quorum thereof as may be laid down by regulations:
Provided that, at least one meeting shall be held in every three months period.
(2) The Chairman or, in his absence such other Member as may be approved by the Chairman, shall preside at every meeting of the Corporation. If any reason, the Chairman and such other Member are unable to attend any meeting, the meeting shall stand adjourned.
(3) A Member, who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into, or proposed to be entered into by or on behalf of the Corporation, shall, at the earliest possible opportunity, disclose the nature of his interest to the Corporation, and shall not be present at any meeting of the Corporation when any such contract, loan, arrangement or proposal is discussed, unless his presence is required by the other Members for the purpose of eliciting information, but no Member so required to be present shall vote on any such contract, loan, arrangement or proposal:
Provided that a Member shall not be deemed to be concerned or interested as aforesaid by reason only of his being a share holder of a company concerned in any such contract, loan, arrangement or proposal.
8. Constitution of Committees - (1) The Corporation may, from time to time, appoint a committee, or committees of Officials, non-Officials and its Members consisting of such number of them as it may think proper and may delegate to such committee such powers of the Corporation as it may deem fit for carrying out the purposes of this Act.
(2) The Corporation may appoint a Consultant or Consultants acting in an advisory or in any other capacity, in matters relating to its projects, works and schemes.
(3) The Corporation may appoint such auditors to certify the valid execution of its projects, works and schemes as it may deem fit.
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9. Provision for inviting officers of Government and Local Authority and others - (1) The Corporation or any of its committees may invite any Officer of the Central Government, State Government, a Local Authority, or any organisation or any other person to attend its meeting or meetings as a special invitee for the purpose of assisting or advising, on any matter or matters. The person so invited may take part in the proceedings, but shall have no right to vote.
(2) The person so invited shall be entitled to draw such honorarium or compensatory allowance for the purpose of meeting the personal expenditure in attending the meetings of the Corporation or any of its committees as the Corporation may determine, from time to time.
10. Filling up of casual vacancies of Members -Any vacancy of a Member of the Corporation, shall be filled as early as practicable, in like manner as if the appointment were being made for the first time.
11. Acts or Proceedings not to be invalidated by vacancy or informality etc., - No Act done or proceedings taken under this Act by the Corporation or a committee appointed by the Corporation shall be invalid merely on the ground of,-
(a) any vacancy of a Member or any defect in the constitution or reconstitution of the Corporation or a committee thereof; or
(b) any defect or irregularity in the appointment of a person as a Member of the Corporation or of a committee thereof; or
(c) any defect or irregularity in such act or proceedings, not affecting the substance.
12. Officers and servants of Corporation - (1) The Government shall appoint the Managing Director as provided in sub-section (1) of section 4, a Chief Engineer, a Superintending Engineer, a Chief Accounts & Finance Officer and such other officers as may be required.
(2) The Corporation may, with the prior approval of the Government, appoint such other Officers and Servants subordinate to the Officers mentioned in sub-section (1) as it considers necessary for the efficient performance of its duties and functions.
(3) The conditions of appointment and service of the Officers and Servants and their scales of pay shall,-
(a) as regards the Officers mentioned in sub-section (1) be such as may be prescribed; and
(b) as regards the Officers and Servants mentioned in sub-section(2) be such as may be laid down from time to time by regulations.
(4) Where any officers and employees belonging to any category in any Department of the Government are likely to be rendered surplus wholly or partially to the requirements of the Government due to the functioning of the Corporation by or under this Act or where the services of such officers and employees are required by the Corporation for efficient exercise of its powers, performance of its duties or discharge of its functions, the Government or any officer duly authorized by the Government in this behalf may, by order, depute such officers and employees to the Corporation as may be found necessary from time to time, who shall be accordingly employed by the Corporation on deputation and their salaries and allowances shall be paid from the Corporation Fund.
(5) The period of deputation of any such officer or employee to the corporation shall ordinarily be five years, on expiry of which, such officer or employee shall stand repatriated to his parent service except when any such person is required by the Government to be repatriated earlier on such grounds 8 as promotion, revertion, termination or superannuation or any other reason:
Provided that, during the period of such deputation all matters relating to the pay, leave, allowances, retirement, pension, provident fund and other conditions of service of such person on deputation shall be regulated by such rules governing such matters at the time of the deputation or such other rules as may, from time to time, be made by the State Government, but they shall not be entitled to any deputation allowance.
(6) All such persons on deputation to the Corporation shall continue to have a lien on their posts in their parent service and the period of their service on deputation under the Corporation shall, on their repatriation to their parent service, be counted for increments, pension and other matters related to their service.
(7) The Corporation shall have the authority to transfer the officers, employees and servants to any area of its operation.
(8) Save as otherwise provided in this section, the terms and conditions of service of the officers and employees on deputation to the Corporation shall not be less advantageous than those applicable to them immediately before such deputation and shall not be varied to their disadvantage except with the previous sanction of the State Government.
(9) Subject to the superintendence of the Corporation, the Managing Director shall supervise and control all its officers and employees including any officers and employees of the Government appointed on deputation to the Corporation.
13. Disqualification of all Officers and Servants - No person who has, directly or indirectly, by himself or by his partner or agent, any share or interest in any contract, by or on behalf of the Corporation or in any employment under by or on behalf of the Corporation otherwise than as an officer or servant thereof, shall be qualified to be an officer or servant of the Corporation.
14. Authentication of orders etc., of the Corporation - All proceedings of the Corporation shall be authenticated by the Chairman and all orders and instruments of the Corporation shall be authenticated by the Managing Director or any other officer of the Corporation as may be authorised in this behalf by regulations.
CHAPTER - III PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS
15. Power of the Government to vest or entrust projects, works and schemes to the Corporation - The Government may from time to time by notification, vest in or as the case may be, entrust to the Corporation, any water supply projects, Sewerages and Sewage projects, Sanitation projects, other Infrastructure Projects works under construction, management of completed schemes, or any other works or projects specified in that behalf which vested in the Government and are under the control of the Panchayat Raj and Rural Development Department or the Municipal Administration and Urban Development Department, or any other Department of the Government:
Provided that any such vesting or entrustment in respect of any project or work or scheme situated within the jurisdiction of a Cantonment Board constituted under the Cantonments Act 1924 (Central Act II of 1924), shall be to the extent of any agreement with such Cantonment Board only.
16. Transfer of assets and liabilities of the Government to the Corporation-
(1) On and from the date of a notification under section 15,- 9
(a) all the properties and assets comprising of movables and immovables of such projects, works and schemes vested in the Government and under the control of the Panchayat Raj and Rural Development Department or the Municipal Administration and Urban Development Department or any other Department of the Government, shall vest in and stand transferred to the Corporation;
(b) all rights, obligations and liabilities, acquired or incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Government, immediately before such date for or in connection with the purposes of any project or work or scheme or any part thereof vested in, or entrusted to, the Corporation under section 15, shall be deemed to have been acquired, incurred, entered into and engaged to be done by, with or for the Corporation;
(c) all non-recurring expenditure incurred by or for the Government, or in connection with the purposes of any project or work or scheme or any part thereof, so vested in, or entrusted to, the Corporation, upto such date and declared to be capital expenditure by the Government shall subject to such terms and conditions as may be prescribed, be treated as capital provided by the Government to the Corporation;
(d) all sums of money due to the Government in relation to any project or work or scheme or any part thereof so vested in or entrusted to, the Corporation immediately before such date shall be deemed to be due to the Corporation;
(e) all suits and other legal proceedings instituted or which could have been instituted by or against the Government, immediately before such date for any matter in relation to any project or work or scheme or any part thereof may be continued or instituted by or against the Corporation.
(2) Such properties, assets, rights, obligations and liabilities shall be valued in such manner as the Government may determine.
(3) If any doubt or dispute arises to as to which of the properties or assets or rights or liabilities of the Government have been transferred to the Corporation such doubt or dispute shall be referred to and decided by the Government, whose decision shall be final.
CHAPTER - IV FUNCTIONS AND POWERS OF CORPORATION
17. Functions of the Corporation - The functions of the Corporation shall be,-
(a) supply of water for domestic, industrial and commercial purposes including planning, design, construction, maintenance, operation and management of any water supply system including maintenance of drinking water tanks;
(b) establishing and maintaining schemes incidental to water supply such as testing of water, designing of plant for purification of water, and conducting research relating to water supply;
(c) sewerage, sewage disposal and sewage treatment works including planning, design, construction, maintenance, operation and management of sewerage and sewage treatment works;
(d) planning, design, construction maintenance, operation and management of all sanitation and public health works, schemes and projects including afforestation protection, of environment and promotion of ecological aspects, safe handling of drinking water, waste water disposal, garbage disposal, cleanliness and 10 personal hygiene;
(e) planning, design, construction, maintenance, operation and management of minor irrigation tanks having ayacut of less than 100 acres, including watershed management, and storage and management of rainwater;
(f) planning, design, construction, maintenance, operation and management of any infrastructure facility within the meaning of section 80 IA of the Income Tax Act, 1961(Central Act 43 of 1961), as amended from time to time;
(g) planning, design, construction, maintenance, operation and management of schemes or projects in relation to the matters listed in the eleventh and twelfth schedules of the Constitution of India;
(h) planning, design, construction, maintenance, operation and management of schemes or projects for developing Inland Waterways and Inland Transportation;
(i) procurement and servicing of Government Loans, Open Market Borrowings, loans borrowed from Banks, Financial Institutions, Insurance Companies, and other Institutions, for the purposes of clauses (a) to (h) above, either on behalf of Government or Local Authorities;
(j) entering into contracts in respect of the works and any other matters transferred to the Corporation along with the assets and liabilities under this Act;
(k) inviting tenders, bids, offers and enter into contracts for the purposes of all the activities of the Corporation;
(l) promoting participation of any person or body or association of individuals whether incorporated or not, in planning, investigation, designing, construction and management of water supply, sewerage, sanitation projects and schemes, other projects and schemes in relation to matters listed in the eleventh and twelfth schedules of the Constitution of India, projects and schemes falling under the definition of infrastructure facility under section 80 IA of the Income Tax Act, 1961 (Central Act 43 of 1961) or any other project or scheme as may be entrusted by the Government from time to time;
(m) undertaking schemes or works, jointly with other corporate bodies, or institutions or with Government or Local Authorities or on agency basis in furtherance of the purposes for which the Corporation is established and all matters connected therewith;
(n) preparing annual plan and five year working development plan;
(o) preparing annual budget;
(p) taking all such steps as may be necessary or convenient for, or may be incidental to the exercise of any power or the discharge of any function conferred, imposed on it by this Act; and
(q) undertaking any other activities entrusted by the Government in furtherance of the objectives for which the Corporation is established.
18. General Powers of the Corporation - (1) The Corporation shall have the power to accord administrative approval, revised administrative approval, technical sanction, acceptance of all tenders, sanctioning, budget and making financial provisions, settling disputes arising out of contracts and any other things which may be necessary or expedient for the purposes of carrying out its functions under this Act.
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(2) without prejudice to the generality of the foregoing provision such power shall include the power,-
(a) to acquire and hold property, both movable and immovable as the Corporation may deem necessary for the performance of any of its functions, duties, and activities and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by the Corporation;
(b) to construct or cause to be constructed such facilities within the scope of its functions, and such other works and structure as may be required;
(c) to take measures to prevent pollution of any water under its control and to take all measures deemed necessary to prevent discharges into such water of effluents which are harmful to water supply, or public health;
(d) to assist the water users associations and any other societies or organisations formed under any other law for the time being in force for the better use of facilities made available by the Corporation;
(e) to engage suitable consultants or persons having special knowledge or skill to assist the Corporation in the performances of its functions; and
(f) to do all such other things and perform such other acts as may be necessary for or incidental or conducive to any matters which are necessary for furtherance of the objectives for which the Corporation is established.