Assam Urban Water Supply and… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Act
Citation	Act 2 of 1987
Year	1987
Jurisdiction	State of Assam
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	local

Registered No. A-U~ The Assam Gaz9tte Glli }ij'f~Cf ' EXTRAORDINARY !IT-~~~ PUBLISHED BY AUTHORITY ~~ 6 fq~SJ_~. ~4>~f:f, 9 Sr'8(f!~l·, 1987, 10 ~ .... ~. 1908 (xt•) Ne· 6 Dlspur, Friii:\}1 9··1a Jaauary, 1987, 19tk Paus~.

1908 (S. E.~ GOVERNMENT OF ASSAM 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.

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;

,..

~~--~------------~------------ 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 · -.

' • , 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 ;

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 industries 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 :

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 :- _, 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) ·

(d) Directo:t, Municipal Administration, Assam (exofficio).

{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 . .

·.

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 • appoinappoint- 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;

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 reasonable 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 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 Officer and other Otlic~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.

THE ASSAM GAZETTE. EXTRAORDINARY, JAN. 9, 19$7 37 Control by 10. SubJ·ect to such regulations as may be ~he Managing 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.

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 performing 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 groundinformality .

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, 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 transferred 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~ ..

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 ..

inl

(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. · 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 1 ocal au tho: for any urban local body in reapcct of any of the .functions rity in res- spc:cified in Section 15 btfore the appointed day, shall be pee\ or bath deemed to have been incurred, entered into or engaged to !hi: Xc~a~~- be done by, _with. or. for the Boa!d, a~d ell suits or ~ther lies. legal procefdtngs mstttuted or wbtcn mtgbt, but for the tssuo of the notification under sub-section (1) of Section 18. have been . iostituted by or agamst the Urban local body or Public Health Engineering Organi~ation, may be continued or mstitu ted by or agaiast the Board.

CHAPTER VII Transfer of Assets and Liabilities of the Public Health Engineering Organisation and the Urban Local Bodies to the Board ..

Transfer of 20. All the assets and liabilities ·af the Public Health li~ssb~tl~t . a ndf Engineering Organisation of the State Government and of a 1 1 tes o b U ba L I B d" . l • b the. Public t e r n oca o 1es m re atton · to any ur an ar~a.

Health Engi· except tbe assets and liabilities \\'hich the Government ma v neeril?g . by ge·neral or special· order, specify in tbls behalf, shall Orgadntsahtton subject to such d i:ections a:s they may specify in such order, an t e . h d Urban Local vest 1D t e boar • Bodies to •be Board.

Transfer of property to the Boa1d.

21. ( t} The State Government may transfer to the Board any ·building, land or other property movable or immo "Yable, for tbe use cf, and management by the Board ou auch conditions and subject, to such · limitations as may be imposed by the Governtncnt.

(21 If any question anatl •• to the g-rant of com pensation to the tlrban lotal bbdles conaequent ·upon the taking ~er of their exi$ting water s!lppJy, aeweraac services, sewage work and sewage fitms ut~der Section 18 then an amount not cxcecdina rupee one aball be payable.

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· 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<wernment service and he will be allowed to do so on the same terms and conditions as were applicable just before his services were transferred to the Board and he will be deemctd to have · remained always in the Government service under the -same terms and conditions.

(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 -- 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. · ( 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.

THE ASSA 'M GAZETTE. EX'.rRAOTIDTN;\ RY. JAN. 9, 1987 45

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.

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, 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.

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· · 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 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 interest 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 ======================~==============~~--- 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<fered .

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 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.

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~ 1 er 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 maintained 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 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 recommending 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;

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 ~d i ctic·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 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 pubnues 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.

('- 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.

58 THF. AS~AM CAZET.TE EXTRAORDINARY. JAN. 9, 1987 C 8 harge for 49. If the owner of any premises having indeewerage 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.

( ') '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 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.

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 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 authoo. 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 permission 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.

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 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- . 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~e11 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"~~~ draias, 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

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 :

. 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

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"~~~ draias, 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

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 :

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 consequence 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.

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 '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 '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 Secpatr 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 'situated 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 bathtor .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 Directo 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 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 '<?os 74. Drains, privies and · urinals and all appurteas to ratns, h f h 11 b d . . d priviee anci nances t ereo s a e constructe , · mamtame , urinals. repaired, altered and regulated in accordance with 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~~ 1 nreqtiire 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 provided. 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 THE ASSAM GAZETTE. EXTRAORDINARY. JAN .. 9, 1987 '71 -Prosecution

(b) any p~son, <firm, · cqrporation or other organisation, on payment of compensation calcula ted .on the basis of the market value on the date · of service of the notice of all the pro~rtios connected with 1uch system.

(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<l · to on~ year or with fine which ·may extend to one thou sand rupees or with both.

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- .

'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 :; .

(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:!~1e 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~ · 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 proceedings and obtaining legal advfcc.

(i) institute, defend or · withdraw from legal procl:edings instituted under this Att or any rules made thereunder ;

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 compounded; · · · · (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 ptiruons 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.

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 ethea. 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.

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 erwise 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

The Assam Urban Water Supply and Sewerage Board Act. 1985

The enactment

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