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Section 61A: Cognizance of offences

The Kerala Water Supply and Sewerage Act, 1986State Act of Kerala · Act 14 of 1986

No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by the Authority or an officer not below the rank of an Assistant Executive Engineer authorized by the Authority.]

1. Renumbered by Act 8 of 2009.

2. Substituted by Act 8 of 2009.

3. Substituted by Act 8 of 2009.

4. Inserted by Act 8 of 2009.

(62) Composition of Offences.-- The Managing Director or any other officer of the Authority authorized by it by general or special order in that behalf may either before or after institution of the proceedings, compound any offence punishable under this Act on such terms including payment of such composition fee as he may think fit.

(63) Duties of Police officers and employees of local bodies.--\t shall be the duty of all police officers and of employees of the local body within whose local area any offence punishable under this Act is committed or attempted to be committed to give immediate information to the Authority or to any officer of the Authority authorised in that behalf, of the commission of, or of the attempt to commit such offence, as the case may be and to assist the officer of the Authority in the exercise of their authority under this Act.

CHAPTER X Rules, Regulations and Bye - Laws

(64) Power to make rule.—(1) The Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act

(2) In particular, and without prejudice to the generality of the foregoing power, such rules, may provide for all or any of the following matters, namely :--

(a) the salaries and allowances and other conditions of service of officers and employees of the Authority other than such officers and employees employed on contract basis.

(b) the manner of operation of funds by the Authority under subsection (4) of Section 22 ;

(c) the manner of making provision for Depreciation Reserve and for its utilisation ;

(d) the powers of the Auditor under sub-section (2) of Section 29;

(e) the manner in which the accounts of the Authority shall be published;

(f) the procedure in respect of surcharge under Section 30 including the provision of appeal, if any, in respect thereof;

(g) the extent of contribution and manner of making such contributions by local bodies under Section 40 ;

1[(ga) the form and manner in which an appeal to the Superintending Engineer is to be preferred under sub-section (1) of section 46E and the fee for such appeal.]

(h) any other matter which is to be or may be prescribed.

1. Inserted by Act 8 of 2009.

(3) Every rule made under this Act shall be laid , as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(65) Regulations.-( 1) The Authority may, with the previous approval of the Government make regulations not inconsistent with this Act and the rules made thereunder, for the administration of the affairs of the Authority.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely :--

(a) the summoning and holding of meetings of the Authority, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of persons necessary to form a quorum there at ;

(b) the powers and duties of the employees of the Authority ;

(c) the management of property of the Authority ;

(d) the execution of contracts and assurance of property on behalf of the Authority ;

(e) the limits upto which the Managing Director shall be competent to incur recurring or non-recurring expenditure in the financial year without such expenditure being included in the statement under sub-section (1) of section 28 ;

(f) the maintenance of accounts and the preparation of accounts, statement of accounts and balance sheet by the Authority ;

(g) the procedure for carrying out the functions of the Authority;

1[(ga) the manner in which the Authority shall manufacture, market and sell packaged drinking water, mineral water etc and goods and articles relating to water supply and sewerage.]

(h) the terms and conditions for supply of water for domestic and other purposes :

2[(ha) the terms and conditions subject to which the water supply is to be provided to multistoried buildings and flats.

(hb) the manner in which all water connections shall be maintained, altered, or repaired.]

1. Inserted by Act 8 of 2009.

2. Inserted by Act 8 of 2009.

(i) the terms and conditions for supply of water for domestic and other purposes ;

1[(ia) the manner in which the details of work executed or to be executed by licensed plumbers are to be furnished to the Authority and the charges to be paid to licensed plumbers for each kind of work relating to water connection and sewer connection.]

(j) the installation of meters or transfer of their connection and use, maintenance, testing, disconnection and re-connection, the fees, the rent and other charges in respect thereof including the furnishing of security by the consumer and matters connected therewith;

2[(ja) the manner of serving the order of provisional assessment in the case of unauthorized use or theft of water by the consumer and the guidelines for the assessment of water charges in such cases,

(jb) the manner in which, the details of the works relating to any sewer connected to the sewer of the Authority is executed or to be executed, is to be furnished to the Authority.

(jc) the liquids and other materials, other than those specified in section 49A, the discharge of which into a sewer is to be prohibited.

(k) the fee to be paid for connection with a sewer of the Authority and other terms and conditions for such connections ;

(l) any other matter for which provisions is to be or may be made in regulations

CHAPTER XI Transitory Provisions and Repeal

Where this provision sits

ActThe Kerala Water Supply and Sewerage Act, 1986
Section61A
Marginal noteCognizance of offences
JurisdictionState of Kerala
StatusIn force as published by the source

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