(1) Save as otherwise provided in this section, every person who was employed in the Public Health Engineering Department of the Government shall, on and from the appointed day become an employee of the Authority and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed day if this Act had not come into force and shall continue to do so until his employment in the Authority is terminated or until his remuneration or other terms and conditions of service are revised or altered by the Authority under or in pursuance of any law or in accordance with any provision which for the time being governs his service:
Provided that nothing contained in this sub-section shall apply to an employee in the cadres of the Administrative Officers, Financial Assistants, Divisional Accounts, Typists and stenographers, who by notice in writing given to the Government and the Authority within such time as the Government may, by general or special order, specify , intimates his intention of not becoming an employee of the Authority :
Provided further that an employee referred to in the preceding proviso shall continue to be an employee under the Government and shall be provided elsewhere in any post or other service under the Government.
1. Inserted by Act 16 of 2000.
(2) The sums standing in the credit of the employees referred to in sub-section (1) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the Government to the Authority along with any accumulated interest due till the appointed day and with the accounts relating to such funds and the Authority shall to the exclusion of the Government, be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employees at the appropriate time in accordance with the conditions of their service.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947), or in any other law for the time being in force, the transfer of service of an employee to the Authority 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 other authority.
(4) Every permanent or temporary employee of the Public Health Engineering Department of the State Government under subsection (1) shall on and from the appointed day, be a permanent or temporary employee, as the case may be, of the Authority, against a permanent or temporary post which shall stand created in the establishment of the Authority with effect on and from the appointed day.
(5) An employee referred to in the first proviso to sub-section(1) shall be deemed to have continued in the service of the Government between the appointed day and the date of relief from the establishment of the Authority after receipt of this notice in writing addressed to the Authority referred to in that proviso and the Authority shall be entitled to reimbursement from the Government of the remuneration paid by it to such employee for such period.
(6) Nothing in any rule, regulations or order applicable to Government servants in relation to retrenchment or abolition of posts shall apply to any employee referred to in sub-section
(1).
(7) Notwithstanding anything contained in the forgoing subsections, the Authority shall be competent to take such disciplinary or other action as it thinks fit or to continue any such action already initiated against or in respect of any employee who becomes an employee of the Authority under sub-section (1) in respect of any act or omission or conduct or record of such employee while he was in the service of the Government.
(20) Transfer of employees of local bodies to the Authority.—(1) Save as otherwise provided in this section, an employee who was employed exclusively in connection with water supply or sewerage service or sewerage works under a local body whose properties, assets and water supply and sewerage services have been transferred to the Authority under Section 18 shall, on and from the date of transfer of such properly and assets to the Authority, become an employee of the Authority.
(2) Notwithstanding anything contained in sub-section (1) but subject to any express agreement to the contrary, any employee referred to therein other than a workman as defined in the Industrial Disputes Act, 1947 (Central Act 14 of 1947), who becomes an employee of the Authority shall be liable for transfer from any establishment or undertaking in which he was employed immediately before the said date to any other establishment or undertaking belonging to the Authority at the same remuneration and on the same terms and conditions as were applicable to them immediately before such transfer.
(3) If any question arises as to whether any person was exclusively employed in connection with the water supply or sewerage services or sewerage works under a local body immediately before the said date, such question shall be decided by the Government.
(4) The sums standing to the credit of the employees referred to in sub-section
(1) in any permission, provident fund, gratuity or other like funds constituted for them shall be transferred by the local body concerned to the Authority along with any accumulated interest due till the said date and with the accounts relating to the said fine and the Authority shall, to the exclusion of the local body, be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employees at the appropriate time in accordance with the conditions of their service.
(5) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947), or in any other law for the time being in force, the transfer of service of an employee to the Authority 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 other authority.
(6) Every permanent or temporary employee of a local body becoming an employee of the Authority under sub-section (1), shall, on and from the said date, be a permanent or temporary employee, as the case may be, of the Authority, against a permanent or temporary post which shall stand created in the establishment of the Authority with effect from the said date.
(7) Nothing in any rule, regulations or order applicable to employees of the local bodies in relation to retrenchment or abolition of posts shall apply to any employee referred to in subsection (1).
(8) Notwithstanding anything contained in the foregoing subsections, the Authority shall be competent to take such disciplinary or other action as it thinks fit or to continue any such action already initiated against or in respect of any employee who becomes an employee of the Authority under sub-section (1) in respect of any act or omission or conduct or record of such employee while he was in the service of the local body.
CHAPTER IV Property, Contract, Finance, Accounts and Audit
(21) Execution and registration of contracts etc.--Every contract for assurance of property on behalf of the Authority shall be in writing and executed by such officer and in such manner as may be provided by the regulations.
(22) Funds of Authority.—
(1) The Authority shall have its own fund to be called the "Kerala Water Authority Fund" which shall be deemed to be a local fund and to which shall be credited all moneys received otherwise than by way of loans by or on behalf of the Authority.
(2) The Authority shall also have another fund to be called the "Kerala Water Authority's Loan Fund" which shall also be deemed to be a local fund and to which shall be credited all moneys received by or on behalf of the Authority by way of loans.
(3) Without prejudice to the provisions of sub-sections (1) and (2), the Authority may, with the previous approval of the Government, constitute such other funds as may be necessary for the efficient performance of its functions under this Act.
(4) All moneys specified in the foregoing provisions and forming part of the funds of the Authority shall be deposited under such detailed Heads of Accounts as may be prescribed--
(a) into the Public Account of the Government; or
(b) in the State Bank of India constituted under the State Bank of India Act,1955 (Central Act 23 of 1955); or
(c) in a subsidiary Bank as defined in section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959); or
(d) 1[In any Scheduled Bank as defined in the Reserve Bank of India, Act, 1934 (Central Act 2 of 1934) or in any Co-operative Bank] or Nationalized Bank coming within the scope of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) or the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (Central Act 40 of 1980);
And the said account shall be operated upon by such officers of the Authority as may be authorized by the Authority and in such manner as may be prescribed.
Provided that the Authority may invest any sums not required for immediate use in such securities or debentures as may be approved by the Government.
(23) General Principles for the Authority's Finance.--The Authority shall not, as far as practicable and after taking credit for any grants or subventions or capital contributions or loans from the Government under section 24, carry on its operations under this Act at a loss and shall so fix and adjust its rates of taxes and charges under this Act as to enable it to meet as soon as feasible the cost of its operations, maintenance and debt service and where practicable to achieve an economic return on its fixed assets.
(24) Grants, Subventions, capital contributions and loans to the Authority.-- The Government may, after due appropriation by law of the State Legislature, from time to time make grants, subventions capital contributions and advance loans to the Authority for the purposes of this Act on such terms and conditions as the Government may determine.
(25) Power of Authority to borrow.— (1) Notwithstanding anything contained in any law for the time being in force under which any local body is constituted, the Authority shall with effect from the date of its establishment be the only local authority authorized to borrow any sum of money for water supply and sewerage works.
1. Substituted by Act 6 of 1993.
(2) Without prejudice to the provisions of sub-section (1), the Authority may, from time to time, with the previous sanction of the Government and subject to the provisions of this Act and to such conditions as the Government may, by general or special order, determined, borrow any sum required for the purposes of this Act whether, by the issue of bonds or stock or otherwise or by making arrangements with Banks or other bodies or institutions approved by the Government in that behalf.
(3) Stocks issued by the Authority under this sections shall be issued, transferred, dealt with and redeemed in such manner as the Government may, by general or special order, direct.
(26) Depreciation Reserve.-- The Authority shall create a Depreciation Reserve and make annual provision therefor in accordance with such principles as may be prescribed.
(27) Guarantee for loans.—(1) Government may guarantee the repayment of any loan and payment of interest on all loans made or transferred to the Authority for the purposes of this Act.
(2) The Government shall, so long as any such guarantee is in force, lay before the State Legislature in every year during the budget session, a statement of the guarantees, if any, given during the current financial year and up-to-date accounts of the total sums, if any, which have been paid out of the Consolidated Fund of the State by reason of any such guarantee or paid into the said Fund towards repayment of any moneys so paid out.
(28) Estimates of income and expenditure. —(1) The Authority shall before the commencement of, and may at any time during, a financial year prepare a statement or a supplementary statement, as the case may be, of the programme of its activities during the year as well as a financial estimate in respect thereof and the same shall be submitted in such manner, in such form and by such dates as the Government may, by general or special order, direct, for the previous approval of the Government :
Provided that in the event of such previous approval not being received before the commencement of the financial year for which such financial statement has been submitted, the Authority shall be entitled to expend on all accounts up to an amount not exceeding the amount approved for the corresponding period of the previous financial year and such amount shall not include any sum spent out of grants and subventions during the said period.
(2) Every financial estimate referred to in sub-section (1) shall make provision for the due fulfillment of all the liabilities of the Authority and for the efficient administration of this Act.
(3) Save where in the opinion of the Authority, circumstances of extreme urgency have arisen, no sum exceeding one lakh of rupee on account of recurring expenditure or exceeding five lakhs of rupee on account of non-recurring expenditure shall be expended by the Authority in any year of account unless such sum has been included in a financial estimate submitted under sub-section (1) to the Government.
(4) Where any such sum is expended under circumstances of extreme urgency, a report thereon indicating the sources from which it is proposed to meet the expenditure shall be made as soon as practicable to the Government.
(5) The Government shall cause the financial estimates of the Authority received by it under sub-section (1) to be laid annually before the State Legislature.
(29)Accounts and Audit.-(1) The Authority shall cause to be maintained such books of accounts and other books in relation to the accounts and prepare an annual statement of account and balance sheet in such form and such manner as the regulations may require.
(2) The accounts of the Authority shall be audited by such Auditor, in such manner and at such time as the Government may, by general or special order, direct and the Auditor so appointed shall have such powers of requiring the production of documents and the furnishing of information respecting such matters, and shall have such powers in respect of disallowance and surcharge as may be prescribed.
(3) The accounts of the Authority as certified by the Auditor together with the audit report thereon shall be forwarded annually to the Government who may issue such directions to the Authority as they may deem fit and the Authority shall comply with such directions.
(4) The Government shall,--
(a) cause the accounts of the Authority together with the audit report thereon received by it under sub-section (3) to be laid annually before the State Legislature;
and
(b) cause the accounts of the authority to be published in such manner as may be prescribed.
(30) Surcharge.--(1) The Chairman or Managing Director or any other member, officer or employee of the Authority shall be liable to surcharge for the loss, waste or misapplication of any money or property of the Authority if such loss, waste, or misapplication is a direct consequence of his neglect or misconduct while acting as such Chairman or Managing Director or other member or officer or employee.
(2) Procedure of surcharge under sub-section (1) shall be such as may be prescribed.
(3) Any document found due from any person as surcharge under subsection
(1) as a result of proceedings for surcharge shall be recoverable as arrears of land revenue.
(4) Nothing in sub-section (3) shall prevent the Authority from deducting any amount referred to therein from any sum payable by the Authority on account of remuneration or otherwise to such Chairman or Managing Director or other member, officer or employee.
CHAPTER V Taxes, fees and Charges
(31) Cost of water. (1) The Authority shall, by notification in the Gazette, fix the cost of water to be supplied by it according to volume and also the minimum cost to be charged in respect of each connection.
(2) The Authority may, in lieu of charging the cost of water according to volume accept a fixed sum for a specified period on the basis of expected consumption of water during that period.
(32) Cost of collection and disposal of waste water.—
(1) The Authority shall, by notification in the Gazette, fix the cost of collection and disposal of waste water according to its volume (which shall be such percentage of the volume of total water supplied to the consumer as may be prescribed) and also the minimum cost to be charge in respect of such collection and disposal.
(2) The Authority may, in lieu of charging the cost of collection and disposal of waste water according to the basis referred to in sub-section(3) accept a fixed sum for a specified period on the basis of expected collection and disposal of waste water during that period.
1[(33) Meter rent.--The Authority may charge meter rent for the meters provided by the Authority at such rates as may be provided by regulations.]
1. Substituted by Act 8 of 2009.
(34) Security deposit.—The Authority may demand such sum as Security from any consumer in connection with the Supply of water or for sewer connection as provided in the regulations:
Provided that the Authority shall pay interest at such rates as the Government may from time to time determine on any sum so deposited with the Authority.
(35) Fees.-- The Authority may charge such fees for connection, disconnection and reconnection of any water supply or sewer for testing or supervision or for any other service rendered or work executed or supervised as may be provided in the regulations.
(36) Recovery of taxes, fees and other sums due.—(1) Any sum due to the Authority on account of any tax, fee, cost of water, cost of collection and disposal of waste water, meter rent, penalty, damage or surcharge under this Act shall be recoverable as arrears of land revenue.
(2) Nothing in sub-section (1) shall affect the power of the Authority to cut off in accordance with the regulations the connection of water supply in the event of non-payment by the consumer of any dues referred to in that sub-section.
CHAPTER VI Water Supply
(37) Definition of supply of water for domestic purposes.--The supply of water for domestic purposes under this Act means supply of water for any purpose except the following, namely:--
(a) for any commerce or trade, manufacture or business;
(b) for gardens or for purposes of irrigation ;
Explanation.-- In respect of premises used solely for residential purposes and having attached kitchen and domestic gardens, such domestic gardens shall not be treated as gardens for the purpose of this clause.
(c) for building purposes ;
(d) for fountains, swimming bath, public bath, or tanks or for any ornamental or mechanical purposes ;
(e) for animals where they are kept for sale or hire or for the sale of their produce or any preparation therefrom ;
(f) for the consumption and use at restaurants, or by inmates of hotels, boarding houses, lodging-cum-boarding houses or residential clubs and for baths used by such inmates ;
(g) for the consumption and use by persons resorting to theatres and cinemas ;
(h) for making or watering streets ;
(i) for washing vehicles where they are kept for sale or hire.
(38) Supply of water by the Authority.1[(1) The Authority shall on an application made to it by the owner of any premises or by the occupier with the consent in writing of the owner thereof, grant supply of water for domestic purposes on such terms and conditions as may be provided by regulations.]
(2) The Authority may on application made in that behalf grant supply of water for any purpose other than domestic purposes.
(3) The supply of water for domestic or other purposes shall be subject to such terms and conditions as may be provided by regulations.
(4) Notwithstanding anything to the contrary contained in the regulations referred to in sub-section (5), the Authority may supply water to the Government or any local authority or other statutory corporation or to any educational or charitable institution on such terms as to payment and as to the period and conditions of supply as may be agreed upon.
2[(5) The ownership and control over the pipeline up to the meter point shall vest with the Authority even though the cost of any connection or part thereof has been borne by the applicant.]
3[38A Water supply to flats and multi-storied buildings :- (1) Notwithstanding any thing contained in this Act, and subject to sub section(2, the Authority may supply water through Cisterns, tanks, sumps, and ground level reservoirs to multi-storied buildings and flat type buildings, subject to terms and conditions as may be provided by regulations.
(2) The supply of water referred to in sub-section(1) shall not be made from a distribution main having diameter 150mm or less.
38B Control Over Water Supply Connections :- All water connections irrespective of ownership shall be under the control of the Authority and shall be maintained properly and altered or repaired only in such manner as may be provided by regulations.]
(39) Water supply for domestic purposes not to be used for non-domestic purpose.--No person shall, except in such circumstances or subject to such conditions as may be provided by the regulations, use or allow to be used water supplied for domestic purposes for any other purpose.
(40) Provision of public hydrants.-(1) The Authority shall, subject to the payment by a local body, of such charges as the Authority may determine provide supply of wholesome water to the public through the public hydrants within its local area
1. Substituted by Act 8 of 2009.
2. Inserted by Act 8 of 2009.
3. Inserted by Act 8 of 2009.
(2) The Authority may, at the request of the local body and shall, if Government so directs, subject to payment of such contribution towards its cost in such manner as may be prescribed, provide and maintain within the local area public hydrants together with all incidental works for the supply of water at such places as may be considered necessary by the local body.
(3) The local body shall pay to the Authority quarterly such sum as may be fixed by the Authority, towards the cost of water supplied by it through the public hydrants within its local area on the basis of expected consumption of water and in accordance with such principle as may be prescribed.
1[(4) For schemes operated by the Authority, necessary tariff for street taps may be collected from the local bodies at the rate fixed by the Government. Government may deduct the tariffs from grants due to the local bodies. Where any doubt or dispute arises between the local body and the Authority in regard to the assessment of the tariff such doubt or dispute shall be referred to an appellate authority prescribed by the Government and its decision thereon shall be final] 2[(5) The water from any public hydrant shall not be used for any non domestic purpose.
(6) No external instruments or pipes or hose or other devices shall be connected to public hydrants for taping water.
(7) No cleaning or washing of any animal, vehicle, cloth, utensils or any other materials shall be done under or near any public hydrants.]
(8) Where any doubt or dispute between any local body and the Authority arises in regard to any matter mentioned in sub-section (1) to (3)such doubt or dispute shall be referred to the Government whose decision thereon shall be final and binding on the Authority and local body concerned.
3[(40A) Punishment for illegal use of public hydrants :- Any person who unlawfully draw off or take or use water from a public hydrant shall be punishable with a fine extending to three thousand rupees and with imprisonment for a term not exceeding one month or with both.
(41) Provisions of fire hydrants:-(1) The Authority may, at the request and expense of the owner or occupier of any factory or any shop or commercial establishment provide and maintain fire hydrants, together with all incidental work for the supply of water in case of fire in such factory, shop or commercial establishment and in any such case charge from such owner or occupier the cost of water supplied in connection therewith.
1. Inserted by Act 16 of 2000.
2. Inserted by Act 8 of 2009.
3. Inserted by Act 8 of 2009.
(2) The Authority shall provide and maintain fire hydrants together with all incidental works for the supply of water in case of fire at such other places as may be considered necessary by a joint committee of the officers of the Authority and the Fire Services Department of the Government and supply water in connection therewith.
(42) Provision of water meters:-1[(1) The consumer shall provide a water meter and attach the same to the service pipes in his premises connected with the water works of the Authority after obtaining approval from the Authority.
(2) The consumer shall repair or replace water meters installed in his premises, at his own cost whenever required to do so by the Authority.
(3) Not withstanding anything contained in sub-section (1), the Authority shall have the power to install its own water meters to any connection wherever the Authority deems fit.]
2[(4) The provisions of water meters and the transfer of connection thereto, the use, maintenance, and testing of such meters and the expense of installation thereof and their rents and the furnishing of security, if any, in connection therewith shall be regulated by regulations.]
3[(42A) Presumption as to correctness of meters :- Whenever water is supplied under this Act through a meter, it shall be presumed that the quantity indicated by the meter has bee consumed, until the contrary is proved.]
(43) 4[Works relating to water connection to be done by licensed plumbers and as per specifications etc-: (1) No person other than plumber licensed by the Authority or person duly authorized by it shall execute any work relating to a water connection, not being a work of a trivial nature and no person shall permit any such work to be executed by a person other than such a person.
(2) Every person who employs a licensed plumber to execute any such work shall when so required furnish the details of the work executed or to be executed in the manner such as may be provided by regulations.
(3) No licensed plumber shall contravene any of the specifications or standards relating to execution of such works provided in the Regulations or specified by the Authority or execute such works using sub-standard materials, appliance, or fittings.
(4) Where any such work is executed in contravention of the sub sections (1),(2), and (3), such connection is liable to be refused or disconnected.
(5) The Authority, may from time to time, fix the charges to be paid to the licensed plumbers for each such kind of work through regulations.
(6) No licensed plumber shall, demand or receive charge for any such work in excess of the rate fixed by the Authority under sub-section (5).
(7) In any licensed plumber executes nay such works in contravention to the provisions of this section or the regulations, his license shall be suspended or cancelled irrespective of the fact whether any criminal proceedings is taken against him or not.
1. Substituted by Act 8 of 2009.
2. Inserted by Act 8 of 2009.
3. Inserted by Act 8 of 2009.
4. Substituted by Act 8 of 2009.
(8) Complaint against any licensed plumber of the Authority, regarding violation of the provisions of this act, shall be filed before the Executive Engineer, within thirty days, from the date of notice of the violation.
(9) The Executive Engineer after making such inquiry as he deems fit and giving the Parties concerned a reasonable opportunity of being heard shall dispose off the complaint referred to in sub-section (8) within in thirty days of the receipt of its date of receipt.
(10) Any persons aggrieved by the orders of the Executive Engineer under the foregoing sub-section may appeal to the Superintending Engineer having jurisdiction over the area and he shall dispose off the appeal after affording a reasonable opportunity go being heard to the persons concerned. His decision thereon shall be final.]
1[43A Offences by licensed plumbers:- Whoever, being a licensed plumber, contravenes sub- Section (4) or sub-section (6) of section 43, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.]
(44) Prohibition of wastage of water.—(1) No owner or occupier of any premises to which water is supplied by the Authority shall cause or suffer any water to be wasted or cause or suffer the service pipe or any tap of other fitting or work connected therewith to remain out of repair so as to cause wastage of water.
(2) Whenever the Authority has reason to believe that as a result of defect in a service pipe or tap or other fitting or work connected therewith water is being wasted, the Authority may, by written notice require the consumer to repair and make good the defect within such time as may be specified in the notice.
(3) If such repair is not carried out within the time specified, the Authority may without prejudice to any action against the consumer under any other provision of this Act cause such repair to be made, and the cost of such repairs shall be realized from the consumer.
(45) Power to cut off water supply.—(1) The Authority may cut off the water supply from any premises,-
(a) if any tax, fee, rental, cost of water or any charge or other sum due under this Act, is not paid within a period of thirty days after service of a bill for the same ; or
(b) if after the receipt of written notice from the Authority requiring him to refrain from so doing, the consumer continues to use the water or to permit the same to be used in contravention of the provisions of this Act or any rule or regulations made thereunder ; or
(c) if the consumer damages or causes to be damaged the water meter or any connection pipe or ferrule ; or
(d) if the consumer refuses to admit any officer or servant of the Authority duly authorised in this behalf into the premises which he proposes to enter for the purpose of executing any work or placing or removing any apparatus or of making any examination or enquiry in connection with the water supply or prevents any such officer or servant from executing any work, or placing or removing any apparatus or making such examination or enquiry ; or
(e) if the service pipe or any tap or other fitting or work connected therewith is found on examination by an officer or servant of the Authority duly authorized in that behalf to be out of repair, to such an extent as to cause wastage or contamination of water and immediate prevention thereof is necessary ; or
1. Inserted by Act 8 of 2009.
(f) if the consumer causes or allows to be caused the service pipe or any tap or other fitting or work connected therewith to be piped, removed, repaired or otherwise interfered with, in contravention of the provisions of this Act or of the rules or regulations made thereunder ; or
(g) if by reason of leakage in the service pipe or any tap or other fitting or work, damage is caused to a public street and immediate prevention thereof is necessary.
(2) No action taken under or in pursuance of this section shall relieve a person from any penalty or liability which he may otherwise have incurred.
(3) The Authority may re-connect the supply of water disconnected under sub-section (1) on payment of such charges and on such terms and conditions as may be provided by regulations.