PUNJAB WATER SUPPLY AND SEWERAGE BOARD (AMENDMENT) ACT, 2013 (Punjab Act No. 42 of 2013) Punjab Water Supply and Sewerage Board Plot No. 1B, Sector – 27A, Madhya Marg, Chandigarh PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 22, 2013 (AGHN 1, 1935 SAKA) 263 DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 22nd November, 2013 No. 53-Leg./2013.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 21st Day of November, 2013, is hereby published for general information:- THE PUNJAB WATER SUPPLY AND SEWERAGE BOARD (AMENDMENT) ACT, 2013 (Punjab Act No. 42 of 2013) AN ACT further to amend the Punjab Water Supply and Sewerage Board Act,
1976. BE it enacted by the Legislature of the State of Punjab in the Sixtyfourth Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Water Supply and Sewerage Board (Amendment) Act, 2013.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
2. In the Punjab Water Supply and Sewerage Board Act, 1976 (hereinafter referred to as the principal Act), for the words "Managing Director", wherever occurring except in section 5, Explanation to section 6 and section 71, the words "Chief Executive Officer" shall be substituted.
3. In the principal Act, in section 4, for sub-section (5), the following sub-section shall be substituted, namely:- "(5) The Chief Executive Officer shall be a whole-time director and shall be appointed by the Government from amongst the officers belonging to the Indian Administrative Service, who have served as such for a minimum period of nine years in the cadre and if it is not possible to appoint such an officer, then from amongst the officers belonging to the Punjab Civil Service (Executive Branch), who have served as such for a minimum period of eighteen years.". Short title and commencement. Amendment in Punjab Act 28 of 1976. Amendment in Section 4 of Punjab Act 28 of 1976. PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 22, 2013 (AGHN 1, 1935 SAKA) 264
4. In the principal Act, in section 5,-
(i) in the heading, the signs and words " , Managing Director, " shall be omitted; and
(ii) in sub-section (1), the signs and words " , the Managing Director, " shall be omitted.
5. In the principal Act, in section 6, in the Explanation, the words "or the Managing Director" shall be omitted.
6. In the principal Act, for section 11, the following section shall be substituted, namely:- "11. (1) The Board may appoint four Chief Engineers, a General Manager (Finance), a General Manager (Human Resources), a Secretary and such other officers and employees as it may consider necessary for the efficient performance of its functions.
(2) Out of the four Chief Engineers, the senior-most shall be designated as Engineer-in-Chief – cum – Technical Adviser and shall be posted at headquarters of the Board and the remaining three Chief Engineers shall be posted in the field.
(3) The posts of General Manager (Finance) and General Manager (Human Resources) shall be in the rank and pay scale of a Chief Engineer.
(4) The Board shall not, without the previous approval of the Government, sanction the creation of posts in the rank and pay scale of a Junior Engineer and above.
(5) The Chief Executive Officer may appoint, temporarily, for a period not exceeding three months, such officers and employees as may, in his opinion, be required for the purposes of this Act, and the employment of whom for any particular work had not been prohibited by any resolution of the Board and every appointment so made shall be reported by him to the Board at its next meeting.". Amendment in section 5 of Punjab Act 28 of
1976. Amendment in section 6 of Punjab Act 28 of
1976. Substitution of section 11 in Punjab Act 28 of
1976. Appointment of Officers and employees of Board. PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 22, 2013 (AGHN 1, 1935 SAKA) 265
7. In the principal Act, in section 18, in clause (viii), for the sign "." appearing at the end, the sign ":" shall be substituted and thereafter, the following proviso shall be added, namely:- "Provided that if in the opinion of the Government, it is expedient or necessary so to do, it may, by an order, withdraw any function assigned to the Board wholly or partly in respect of a local authority or may assign any additional function to it.".
8. In the principal Act, in section 19, in sub-section (1), for clause (ii), the following clause shall be substituted, namely:- "(ii) to incur expenditure and undertake any work in any area of a local authority, whose water supply and/or sewerage works are assigned to it, for the preparation and execution of such schemes as it may consider necessary for the purpose of carrying out the provisions of this Act, or as the case may be, the functions entrusted to it by the Government.".
9. In the principal Act, for section 26, the following section shall be substituted, namely:- "26. (1) All the officers and employees engaged in connection with the water supply or/and sewerage services of a local authority, whose such work is assigned to the Board, shall stand transferred on deputation to the Board from the date of the order of the Government assigning such work:
Provided that such officers and employees shall not be entitled to any deputation allowance:
Provided further that the conditions of service applicable to such officers and employees shall be the same as if they are the employees of the local authority.
(2) For the purposes of salaries and allowances admissible to the officers and employees referred to in sub-section (1) and allowing them the benefit of gratuity, contributory provident fund, pension and other facilities, they shall be treated in the same manner as if they were the officers and employees of the local authority concerned.
(3) The burden of payment of salaries, allowances and other benefits to the officers and employees referred to in a sub-section (1) shall be borne by the Board, out of its own fund, from the date they stand transferred to the Board on deputation.". Amendment in section 18 of Punjab Act 28 of
1976. Amendment in section 19 of Punjab Act 28 of
1976. Substitution of section 26 of Punjab Act 28 of
1976. Transfer of employees of local authority to the Board. PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 22, 2013 (AGHN 1, 1935 SAKA) 266
10. In the principal Act, sections 26-A, 26-B, 26-C and 26-D shall be omitted.
11. In the principal Act, in section 32, in sub-section (3), for the words and sign "by virtue of this Act, " the words, signs, figures and brackets "by virtue of this Act and under the provisions of the Punjab Municipal Fund Act, 2006 (Punjab Act No. 27 of 2006) , " shall be substituted.
12. In the principal Act, in section 34, sub-section (2) shall be omitted.
13. In the principal Act, the existing provision of section 69 shall be numbered as sub-section (1) thereof, and after sub-section (1), as so renumbered, the following sub-sections shall be added, namely:- “(2) If any difficulty arises in giving effect to the provisions of the Punjab Water Supply and Sewerage Board (Amendment) Act, 2013, the Government may, by an order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing that difficulty:
Provided that no order shall be made under this sub-section after the expiry of a period of two years from the date of commencement of the Punjab Water Supply and Sewerage Board (Amendment) Act, 2013.
(3) Every order made under sub-section (2) shall be laid, as soon as may be after it is made, before the Legislative Assembly.”.
14. In the principal Act, in section 71, in sub-section (2), -
(i) in clause (b), the words "and the Managing Director" shall be omitted;
(ii) in clause (c), the sign and the words ", Managing Director" shall be omitted; and
(iii) clauses (cc) and (g) shall be omitted. H.P.S. MAHAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs. Omission of section 26-A, 26- B, 26-C and 26-D of Punjab Act 28 of 1976. Amendment in section 32 of Punjab Act 28 of
1976. Amendment in section 34 of Punjab Act 28 of
1976. Amendment in section 69 of Punjab Act 28 of
1976. Amendment in section 71 of Punjab Act 28 of
1976. 368/11-2013/Pb. Govt. Press, S.A.S. Nagar