posted Jul 10, 2012, 4:32 AM by Law Kerala
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updated Jul 10, 2012, 4:33 AM
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THE KERALA WATER
SUPPLY AND SEWERAGE ACT, 1986
(Act 14 of 1986)
An Act to provide
for the establishment of an autonomous authority for the development and regulation
of water supply and waste water collection and disposal in the State of Kerala and
for matters connected there with.
Preamble.--WHEREAS
it is considered necessary to provide for the establishment of an autonomous authority
for the development and regulation of water supply and waste water collection and
disposal in the State of Kerala and for matters connected therewith.
BE it enacted
in the Thirty-seventhYear of the Republic
of India as follows:--
CHAPTER I
Preliminary
1.Short title, extent and commencement.-
(1) This
Act may be called the Kerala Water Supply and Sewerage Act, 1986.
(2) It extends
the whole of the State of Kerala.
(3) It shall
be deemed to have come into force on the 1stday of March, 1984.
2.Definitions.--In this
Act, unless the context otherwise requires,--
(i)"Authority" means, the Kerala Water Authority
constituted under section 3;
(ii)"cess-pool" includes a settlement tank or
other tank to receive or dispose of foul matters from any premises;
(iii)"Chairman" means the Chairman of the Authority;
(iv)"communication pipe" means any pipe or system
of pipes, along with all fittings thereto, by means of which water is supplied to
any premises from the main, and includes a connection pipe, service pipe, meter
or other fittings;
(v)"connection pipe" means any water pipe from
a ferrule to stopcock connecting the distribution main with the service pipe;
(vi)"Consumer" means any person getting the benefit
of any water supply or waste water service from the Authority;
Received the
assent of the President on the 4thday of August, 1986 and published in the Kerala Gazette Extraordinary No.736
dated the 4thAugust, 1986.
For statement
of Objects and Reasons see Kerala Gazette Extra Ordinary No. 235 dated the 23rdMarch, 1984.
(vii)"domestic sewage" means waste water
from any residence, boarding or lodging - house, hostel, hotel, public place, office
or any such establishment as is not a part of any trade or industry, and arising
out a personal and normal human activities such as drinking, bathing, ablution,
washing and cooking ;
(viii)"drain" means every part of any conduit
laid through, under or above a street, way or land whether public or private by
or at the expense of the owner or occupier of any premises for the carriage therefrom
of any waste water to any sewer ;
(ix)"ferrule" means a ferrule connecting
the connection pipe with the main ;
(x)" fire hydrant" means hydrant fixed on the
water main other than the trunk main for affording supply of water for extinguishing
any fire ;
(xi)"local area” means the area falling within the
jurisdiction of a local body;
(xii)"local body" means a city corporation, a
Municipal council, a township or a panchayat ;
(xiii)"main" means a pipe laid by the Authority
for the purpose of giving a general supply of water as distinct from a supply to
an individual consumer, and includes any apparatus used in connection with such
a pipe;
(xiv)"Managing Director" means the Managing Director
of the Authority ;
(xv)"member" means a member of the Authority
;
(xvi)"occupier", in relation to any premises,
includes;--
(a)any person for the time being paying or liable to pay
rent or any portion thereof to the owner in respect of those premises ;
(b)the owner who is in occupation of the premises ;
(c)a tenant of the premises who is exempt from payment
of rent ;
(d)a licensee who is in occupation of the premises ; and
(e)any person who is liable to pay damages to the owner
in respect of use and occupation of the premises ;
(xvii)"owner", in relation to any premises, means
the person who receives the rent of that premises or who would be entitled to receive
the rent thereof if the premises were let, and includes,--
(a)an agent or trustee who receives such rent on account
of the owner;
(b)an agent or trustee who receives the rent of, or is
entrusted with the management of, any premises devoted to religious or charitable
purposes ;
(c)a receiver or manager appointed by any court of competent
jurisdiction to have the charge of, or to exercise the rights of an owner of the
said premises; and
(d)a mortgage in possession ;
(xviii)"Premises" means any land or building and
includes--
(a)the garden, land and outhouses, if any, appertaining
to a building or part of a building; and
(b)any fittings affixed to a building or part of a building
for more beneficial enjoyment thereof;
(xix)"Prescribed" means prescribed by rules made
under this Act ;
(xx)"Private street" means any street, road,
square, court, alley, passage or riding-path which is not a "public street",
but does not include a pathway made by the owner of premises on his own land to
secure access to or the convenient use of such premises ;
(xxi)"public hydrant" means hydrant meant for
supply of water to the public within a local area ;
(xxii)"public street" means any street, road, square,
court, alley, passage or riding-path over which the public have a right of way,
whether a thorough fare or not, and includes--
(a)the roadway over any public bridge or causeway ;
(b)the foot-way attached to any such street, public bridge
or causeway ; and
(c)the drains attached to any such street, public bridge
or causeway and the land, whether covered or not by any pavement, veranda, or other
structure, which lies on either side of the roadway up to the boundaries of the
adjacent property, whether that property is private property or property belonging
to the Government ;
(xxiii)"regulations" means regulations made by the
Authority under this Act ;
(xxiv)"rules" means rules made under this Act ;
(xxv)"service pipe" means any pipe other than
the connection pipe beyond the stop-cock by means of which the water is supplied
to any premises ;
(xxvi)"sewage" means night-soil and other contents
of a water closets, latrines, privies, urinals, cess-pools or drains and polluted
water from sinks, bath-rooms, stables and other like places and includes trade effluents;
(xxvii)"sewer" means a closed conduit for carrying
sewage, offensive matter, polluted water, waste water or subsoil water ;
(xxviii)"sewerage" means a system of collection of
waste water from a community from its houses, institutions, industry and public
places, the pumbing, treatment and disposal of such waste water, its effluent, sludge,
gas and other end products ;
(xxix)"State" means the State of Kerala ;
(xxx)"stop-cock" means a stop-cock fitted at the
end of a connection pipe away from the main for the purpose of switching off and
regulating the water supply to any premises ;
(xxxi)"street" means a private street or a public
street;
(xxxii)"trade effluent" means any liquid either
with or without particles of matters in suspension therein, which is wholly or in
part produced or discharged in the course of any trade or industry, including agriculture
and horticulture but does not include domestic sewage ;
(xxxiii)"waste water" shall include domestic sewage,
spent water and all waste water let out from any industries or by any other source
;
(xxxiv)"water connection" includes--
(a)a tank, cistern, hydrant, stand-pipe, meter or tap,
situated on any private property and connected with a main or other pipe belonging
to the Authority ;
(b)the water pipe connecting such a tank, cistern, hydrant,
stand-pipe, meter or tap with such main or pipe ;
(xxxv)"water supply" means a system of providing
water to a community for meeting its requirements both domestic and non-domestic,
but does not include providing water for irrigation purposes ;
(xxxvi)"water works" includes water channel (including
stream, lake, spring, river or canal, well, pump, galleries, reservoir, cistern,
tank), duct whether covered or open, treatment units, sluice supply main, culvert,
engine, water-truck, hydrants, stand-pipe, conduit and machinery, land, building
or other things for supplying or used for supplying water or for protecting sources
of water supply or for treatment of water.
CHAPTER II
Establishment,
Conduct of Business, Functions And Powers of the Authority
3.Establishment of Kerala Water Authority.—
(1) The Government
shall, by notification in the Gazette and with effect from such date as may be specified
therein, establish an autonomous authority to be called the Kerala Water Authority.
(2) The Authority
shall be a body corporate by the name aforesaid having perpectual succession and
a common seal, with power to acquire, hold and dispose of property, both movable
and immovable, and to contract and shall by the said name sue and be sued.
(3) The Authority
shall for all purposes be deemed to be a Local Authority.
(4) The Authority
shall have its head office at Thiruvananthapuram and may have offices at such other
places as it may consider necessary.
4.Constitution of the Authority.--The
Authority shall consist of the following members, namely:--
(a)a Chairman appointed by the Government ;
(b)a Managing Director, who possesses experience in management
and administration or who is qualified Engineer not below the rank of a Chief Engineer
having sufficient experience in management and administration in water supply and
sewerage works, appointed by the Government :
Provided that
no person who is more than fifty five years of age shall be appointed as Managing
Director ;
(c)the Secretary to the Government in charge of Public
Health Engineering Department, or the Kerala Water Authority, ex-officio;
(d)the Finance Secretary to Government, ex-officio;
(e)the Secretary to the Government in charge of Local
Administration Department,ex-officio
;
(f)the Secretary to Government in charge of Development
Department,ex-officio;
(g)two members representing the local bodies in the State,
appointed by the Government :
Provided that
if for any reason there are no elected members in office in any of the local bodies
in the state, the Government may appoint a person who had been a member of any such
local body ;
(h) a member
belonging to a Scheduled Cast or Scheduled Tribe appointed by the Government; an
(i) a technical
member, who shall be a qualified Public Health Engineer not below the rank of a
Chief Engineer, appointed by the Government.
5.Disqualification for being a member.--A
person shall be disqualified for being chosen as, and for being a member if he--
(a)has been convicted of an offence involving moral turpitude
;
(b)is in undischarged insolvent ;
(c)is of unsound mind and stands so declared by a competent
court ;
(d)holds, except as provided in Sections 6 and 7, any
office of profit under the Authority ;
(e)has directly or indirectly by himself or by any partner,
employer or employee, any share or interest, whether pecuniary or of any other nature,
in any contract or employment with, by or on behalf of the authority ;
(f)absents himself without excuse, sufficient in the opinion
of the Authority, from three consecutive meetings of the Authority.
6.Term of office of Chairman, Managing Director and non-official
member.—
(1) The Chairman,
the Managing Director and the member referred to in clause (g), clause (h) or clause
(i) of section 4 shall hold office for a period of three years. Unless their term
is terminated earlier by the Government by notification in the Gazette, and shall
be eligible for reappointment:
Provided that an elected member
in office in any of the local bodies appointed under clause (g) of section 4, shall
cease to be a member of the Authority, when he ceases to be member in office of
such local body.
(2) The Chairman, the Managing Director
and the members referred to in sub-section (1) shall hold office on such terms and
conditions as the Government may, by order, specify.
(3) The members including the Managing
Director shall be entitled to such travelling and daily allowances as may be prescribed.
(4) The Managing Director or the
members referred to in sub-section (1) may resign his office by writing under his
signature addressed to the Chairman and on such resignation being accepted by the
Authority and approved by the Government he shall be deemed to have vacated his
office.
7.Remuneration of the Chairman, the Managing Director
and the Technical Member.--The Chairman, the Managing Director
and the Technical Member shall be paid from the Authority's fund such remuneration
as may be fixed by the Government from time to time.
8.Appointment of officers and staff.—
(1) Subject to
the provisions of sub-section (2), the Authority may appoint for the purpose of
enabling it to carry out its powers, duties and functions under this Act, a Secretary
and such other officers and staff as may be required against posts duly sanctioned
by it:
Provided that
the Authority shall obtain the previous approval of the Government for the creation
of post above the rank of the Executive Engineer.
(2) The Authority
may, with the previous approval of the Government, appoint on deputation a servant
of the Central Government or the State Government as an employee of the Authority
on such terms and conditions as it thinks fit.
(3) Except as
provided in this section, the appointment and conditions of service of the officers
and employees of the Authority shall be governed by rules made by the Government
from time to time.
9.Supervision and control of employees.--Subject
to the Superintendence of the Authority, the Managing Director shall be the chief
executive and shall have the general control and direction over all the employees
of the Authority.
10.Authentication of orders and other instruments of the
Authority.—
(1) All proceedings
of the Authority shall be authenticated by the signature of the Chairman and all
orders and other instruments of the Authority shall be authenticated by the signature
of such officer of the Authority as may be authorised in this behalf by regulations.
(2) The Authority
may invite any person to attend a meeting of the Authority for the purpose of assisting
or advising it on any matter and the persons so invited may take part in the proceedings
of the Authority, but shall have no right to vote.
11.Delegation of powers.--Subject
to the provisions of this Act, the Authority may, by general or special order, delegate
either unconditionally or subject to such conditions as may be specified in the
order, to any sub-committee appointed by it or to the Chairman, or the Managing
Director or any other officer or committee of officers of the Authority such of
its powers and duties under this Act as it deems fit, not being its powers and duties
under section 25, 28, 29 and 65.
12.Disqualification for participation in the proceedings
of the Authority on account of interest.--The Chairman
or any other member of the Authority or of a sub-committee appointed by the Authority
who has acted professionally, in relation to any matter on behalf of any person
having any share or interest whether pecuniary or of any other nature in any contract
or employment with, by or on behalf of the Authority, or any other personal interest
in any area in which it is proposed to acquire land for any of the purposes of this
Act, shall not vote or take part in any proceedings (including any discussion on
any resolution or question) of the Authority or of any sub-committee thereof relating
to such matter.
13.Acts not to be invalidated by irregularity, vacancy,
etc.--No act done or proceeding taken under
this Act by the Authority or a sub-committee appointed by the Authority shall be
invalidated merely on the ground of--
(a)any vacancy in, or defect in the constitution of the
Authority or any sub-committee thereof, or ;
(b)any defect or irregularity in the appointment of a
person acting as a member thereof, or ;
(c)any defect or irregularity in such act of proceeding
not affecting the merits of the case.
14.Functions of the Authority.--The
Authority shall perform all or any of the folowing functions, namely:--
(i) preparation,
execution, promotion, operation, maintenance and financing of the schemes for the
supply of water and for the disposal of waste water ;
(ii) rendering
all necessary services in regard to water supply and collection and disposal of
waste water to the Government and on request to private the private institutions
or individuals ;
(iii) Preparation
of State plans for water supply and collection and disposal of waste water on the
directions of the Government ;
(iv) fixation
and revision of tariffs, taxes and charges of water supply and maintenance service
in the areas covered by the water supply and waste water systems of the Authority
;
(v) establishment
of State standards for water supply and waste water services ;
(vi) all functions,
not stated herein which were being performed by the Public Health Engineering Department
of the Government before the commencement of this Act ;
(vii)assessment of the requirements for manpower and training
in relation to water supply and sewerage services in the State ;
(viii)carrying out applied research for the efficient discharge
of the functions of the Authority ;
(ix)making provision for the supply of wholesome water
and efficient sewerage services to the people in the State ;
(x)taking such other measures as may be necessary to ensure
water supply in times of emergency ; and
(xi)such other functions as may be entrusted to the Authority
by the Government by notification in the Gazette
15.Powers of the Authority.—
(1) The Authority
shall, subject to the provisions of this Act, have power to do anything which may
be necessary or expedient for carrying out its functions under this Act.
(2) without prejudice
to the generality of the foregoing provisions, such power shall include the power--
(i) to obtain
such periodic of specific information from any local body as it may deem necessary
;
(ii) to prepare
and carry out schemes for water supply and sewerage and to exercise all powers and
perform all functions relating thereto :
Provided that
the power of sanctioning schemes costing more than rupees one crore shall be exercised
only with the previous approval of the Government ;
(iii) to lay
down the schedule of fees for all services rendered by the Authority to the Government,
local bodies, institutions or individuals, to fix or amend tariffs and charges for
water supply and sewerage services and collect all such fees and charges for these
services as may be prescribed :
Provided that
any revision of tariffs and charges for water supply and sewerage services shall
be made only with the previous approval of the Government ;
(iv) to enter
into contract or agreement with any person, firm or institution as the Authority
may deem necessary, for performing its functions under this Act :
Provided that
any contract or agreement involving more than rupees one crore shall be entered
into by the Authority only with the previous approval of the Government ;
(v) to adopt
its on budget annually subject to the previous approval of the Government ;
(vi) to abstract
water for drinking purpose from any natural source and with the permission of the
Government for other purposes and dispose of waste water ;
(vii) to borrow
money, issue debentures, to obtain subventions, capital contributions, loans and
grants, in incur expenditure and manage its own funds ;
(viii) to grant
loans and advances to such persons or authorities as the Authority may deem necessary
for performing the functions under this Act;
(ix) to acquire,
possess and hold lands and other property and to carry any water or sewerage works
through, across, over or under any highway, road, street or place and, after reasonable
notice in writing to the owner or occupier, into, through, over or under any building
or land ;
(x) to accept
gifts in kind and in cash with the previous approval of the Government.
CHAPTER III
Vesting of properties, Assets Liabilities
and Obligations and Transfer of Employees
16.
Vesting of property in Authority etc.— (1) As from the date of establishment
of the Authority, (hereinafter in this Chapter referred to as, " the appointed
day"),--
(a)(I) all properties and assets (including water works,
buildings laboratories, stores, vehicles, furniture and other furnishing), all the
existing water supply and sewerage services, sewage works and sewerage farms including,
as the case may be all plants, machineries water works, pumping stations, filter
beds, water mains and public sewers in, along, over or under any public street and
all buildings, lands and other works, materials, stores and things appertaining
thereto ; and
(ii) so much
of the sub-soil appertaining to the said water mains and sewers as may be necessary
for the purpose of enlarging, deepening or otherwise repairing or maintaining any
such water mains and sewers or any pipes and other appliances and fittings connected
with such water supply and sewerage services and sewage works and sewage farms which
immediately before the appointed day were vested in the Government for the purposes
of the Public Health Engineering Department,
shall vest in
and stand transferred to the Authority;
(b)(I) all the water supply and sewerage services, sewerage
works and sewage farms including all the plants, machineries, pumping stations,
distribution lines and public sewers in, along, over or under any public street
and all buildings, lands and other works, materials, stores and things appertaining
thereto; and
(ii) so much
of the sub-soil appertaining to the said distribution lines and sewers as may be
necessary for the purpose of enlarging, deepening or otherwise repairing or maintaining
any such distribution lines and sewers or any pipes and other appliances and fittings
connected with such water supply and sewerage services and sewerage works vested
in any local body and in respect of which maintenance of sewerage services and sewerage
works, management and distribution of water supply or collection of charges which
immediately before the appointed day were attended to by the Public Health Engineering
Department,
shall vest in
and stand transferred to the Authority;
(c)all the rights, liabilities and obligations of the
Government or the local body as the case may be whether arising out of any contract
or otherwise pertaining to the said department including the right to recover arrears
of water tax and sewage tax, water charges, meter hire and of any cost or fees relating
to water supply and sewerage services shall be the rights, liabilities and obligations
of the Authority and
(d)all the assets, rights, liabilities and obligations
of the Kerala State Rural Development Board constituted under the Kerala State Rural
Development Board Act., 1971 (15 of 1971), in so far as they pertain to execution
of water supply and sewerage schemes in the panchayat areas including the right
to recover arrears of annual installments from panchayats towards expenditure on
water supply and sewerage schemes under section 13 of the said Act, shall be the
assets, rights, liabilities and obligations of the Authority.
(2) The properties
assets, rights, liabilities and obligations referred to in sub-section (1) shall
be valued in such manner as the Government may determine.
(3) All suits
and other legal proceedings instituted or defended or which might but for the vesting
and transfer under sub-section (1) have been instituted or defended by or against
the Government or the local body or the Rural Development Board, as the case may
be, may be continued or instituted or defended by or against the Authority.
17. Decision
of Government on the vesting of property to be final.--Where
any doubt or dispute arises as to whether any property or asset has vested in the
Authority under section 16 or any rights, liabilities or obligations have become
the rights, liabilities and obligations of the Authority under that section, such
doubt or dispute shall be referred to the Government whose decision thereon shall
be final.
18 .Vesting of
existing water supply and sewerage services under local bodies.—(1)
As from the date following the expiry of a period of three years from the appointed
day or such further period as may be specified by the Government in this behalf
by notification in the Gazette,--
(a)all the water supply and sewerage services, sewerage
works and sewerage farms including all the plants, machineries, pumping stations,
distribution lines and public sewers in, along, over or under any public street
and all buildings, lands and other works, materials, stores and things appertaining
thereto ;
(b)So much of the sub-soil appertaining to the said distribution
lines and sewers as may be necessary for the purpose of enlarging deepening or otherwise
repairing or maintaining any such distribution lines and sewers or any pipes and
other appliances and fittings connected with such water supply and sewerage services
and sewerage works; and
(c)
all rights, liabilities and obligations including the right to recover arrears of
water charges, meter hire and of any cost or fees relating to water supply and sewerage
services,
which immediately
before the above mentioned date vested in any local body shall vest in and stand
transferred to the Authority.
(2) The properties, assets, rights,
liabilities and obligations referred to in sub-section (1) shall be valued in such
manner as the Government may determine.
(3) Where any
doubt or dispute arises as to whether any property or asset has vested in the Authority
or any right, liability or obligation has become the right, liability or obligation
of the Authority under this section, such doubt or dispute shall be referred to
the Government whose decisions thereon shall be final and binding on the Authority
and the local body concerned.
[(5) The Authority
shall render necessary technical services to the local bodies for planning, execution
and running of water supply and sewerage schemes in the manner prescribed by Government.
(6) Every local
body is free to start their own water supply and sewerage scheme either individually
or as groups of local bodies and to fix their own user charges as may be prescribed.
18B. Power
of Authority to transfer water supply and sewerage services to local bodies.-
(1) Notwithstanding
anything contained in this act, the Authority.-
(a)shall transfer any water supply scheme or sewerage
service covering the area of a single village panchayat; and
(b)may transfer any water supply scheme or sewerage service
covering the area of a single municipality;
on a request
from such village panchayat or the municipality, as the case may be in the manner,
as may be prescribed.
(2)The Authority may, if they consider it necessary to
do so, transfer any water supply or sewerage services to the village panchayat or
the municipality concerned in the manner as may be prescribed.
(3)The Authority shall render all necessary te4chnical
services to the local bodies for planning, execution and running of water supply
and sewerage services of which are transferred under sub-section (1) and (2) in
the manner as may be prescribed.
(4)The Authority may collect from the bodies concerned
necessary tariff for street taps provided by it within the local limits of the said
local bodies at the rates as may be fixed by Government.
19.Transfer of
employees to the Authority.—(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 revisedor 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.
(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 sub-section (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
sub-sections, 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
sub-section (1).
(8) Notwithstanding
anything contained in the foregoing sub-sections, 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)In any Nationalised 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 authorised 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 authorised to borrow any sum of
money for water supply and sewerage works.
(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 upto 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 sub-section (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 (1) accept a fised sum for a specified period
on the basis of expected collection and disposal of waste water during that period.
33.Meter rend.--The
Authority may provide water meters and charge such rent for the meter as may be
provided in the regulations:
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 re-connection
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)
The Authority shall on an application made in that behalf by the owner or occupier
of any premises, grant supply of water for domestic purposes for --
(a)any premises situated within a distance of thirty metres
from an existing main ; or
(b)any premises situated beyond a distance of thirty metres
from an existing main ; if the applicant undertakes to bear the cost of extension
beyond the distance of thirty metres.
(2) In cases
falling under clause (b) of sub-section (1), the Authority shall bear the cost of
extension only in respect of so much distance, not exceeding thirty metres as is
sufficient to connect the nearest existing main with the outer limit of the premises.
(3) Notwithstanding
the fact that the cost of any extension has been borne under clause (b) of sub-section
(1) by the person to whom water is supplied, the property therein shall vest in
the Authority.
(4) The Authority
may on application made in that behalf grant supply of water for any purpose other
than domestic purposes.
(5) The supply
of water for domestic or other purposes shall be subject to such terms and conditions
as may be provided by regulations.
(6) 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.
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.
(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.
16[(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]
16. Inserted
by Act 16 of 2000.
(4)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.
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.
(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)
The Authority may provide a water meter and attach the same service pipe in premises
connected with the water works of the Authority.
(2) The expenses
of installation and the rent for the use of water meter referred to in sub-section
(1) shall be paid by the consumer.
(3)The provision
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.
43.Licensed plumbers.- (1)
No person other than a licensed plumber of the Authority or person duly authorised
by it shall execute any work in respect of 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 a licensed plumber or by a person duly authorised by the Authority.
(2) When any
work is executed in contravention of the provisions of sub-section (1), such work
shall be liable to be dismantled at the discretion of the Authority.
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 realised 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 authorised 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
(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.
46.Prohibitions of certain acts.—(1)
No person shall--
(a)willfully obstruct any person acting under the orders
of the Authority in setting out the lines of any work or pull up or remove any pillar,
post or stay fixed in the ground for the purpose of setting out the lines of such
works, or deface or destroy any works made for the same purpose ; or
(b)willfully or negligently break, injure, turn on, open,
close, shut off or otherwise, interfere with any lock, cock, valve, pipe, meter
or other work or apparatus belonging to the Authority; or
(c)unlawfully obstruct the flow of or flush, draw off
or divert or take water from, any water works belonging to the Authority or any
water course by which any such water is supplied ; or
(d)obstruct any office or other employee of the Authority
in the discharge of his duties under this Chapter or refuse or willfully neglect
to furnish him with the means necessary for the making of any entry, inspection,
examination or inquiry thereunder in relation to any water works; or
(e)bathe in, at or upon any water works, or wash or throw
or cause to enter therein any animal, or throw any rubbish, dirt or filth into any
water works or wash or clean therein any cloth, wool or leather or the skin of any
animal, or cause water of any sink, or drain or any steam engine or boiler or any
polluted water to turn or be brought into any water works or do any other act whereby
the water in any water works is fouled or likely to be fouled.
(2) Nothing in
clause (b) of sub-section (1) shall apply to a consumer closing the stop-cock fixed
on the service pipe supplying water to his premises so long as he has obtained the
consent of any other consumer whose supply will be affected thereby.
CHAPTER
VII
Sewerage
47.Right of owner or occupier to obtain sewer connection.--The
owner or occupier of any premises shall be entitled to empty sewage of the premises
into a sewer of the Authority provided that before doing so he --
(a)obtains written permission of the Authority and pays
connection fees in accordance with the regulations; and
(b)complies with such other conditions as may be provided
by the regulations.
48.Power to require owner to have sewer connection.—Where
any premises are, in the opinion of the Authority without sufficient means of effectual
disposal of sewage and the sewer of the Authority is situated at a distance of not
more than fifty metres from any part of the premises, the Authority may, by written
notice, require the owner of, the said premises to have sewer connection as provided
by the regulations.
49.Prohibition of connection with sewer.--No
person shall without the permission of the Authority make or cause to be made any
connection or communication with any sewer of the Authority.
50.Prohibition of construction of buildings, etc., over
sewer.—(1) No person shall without the permission
of the Authority construct any private street, building, wall, fence or other structure
on any sewer of the Authority.
(2) If any private
street be constructed or any building, wall, fence or structure erected on any sewer
as aforesaid without the written permission of the Authority, the Authority may
remove or otherwise deal with the same as it thinks fit.
(3) The expenses
incurred by the Authority in so doing shall be paid by the owner of the private
street or of the Building, fence, wall or other structure or as the case may be,
by the person offending and shall be recoverable as an arrear of charges payable
under this Act.
51.Power to affix shaft, etc., for ventilation of sewer
or cess-pool.--The Authority may for the purpose of
ventilating any sewer or cess-pool, whether vested in the Authority or not erect
upon any premises or affix to the outside of any building or to any tree any shaft
or pipes as may appear to it to be necessary.
52.Power to examine and test sewer etc., believed to be
defective.—(1) Where it appears to the Authority
that there are reasonable grounds for believing that a private sewer or cess-pool
is in such condition as to be prejudicial to public health or to be a public nuisance
or that a private sewer communicating directly or indirectly with a sewer of the
Authority is so defective as to admit sub-soil water or grit or other material,
it may examine its condition and for that purpose may apply any test, not being
a test by water under pressure and if it deems necessary, open the ground.
(2)If on examination, the sewer or cess-pool is found
to be in proper condition, the Authority shall, as soon as possible, reinstate any
ground which has been opened by it.
(3)If, the sewer or cess-pool so examined is found to
be defective, the Authority may forthwith stop its functioning or disconnect it
from the sewer of the Authority, or require the owner or occupier to take remedial
action, as directed and within such time as may be specified by the Authority and
in any such event the Authority may recover the cost incurred by it from the owner
or occupier, as the case may be.
CHAPTER
VIII
General Provisions
53.Power of entry, survey, inspection, etc.—(1)
Any Officer of the Authority authorised by it in that behalf may with or without
assistance of workmen enter into or upon any premises in order--
(a)to make any inspection, survey, measurement or enquiry
;
(b)to take level ;
(c)to dig or bore into the sub-soil ;
(d)to set out boundaries and intended lines of work ;
(e)to mark such levels, boundaries and lines by placing
marks and cutting trenches ; or
(f)to do any other thing necessary for the purpose of
this Act or any rule or regulation made thereunder.
Provided
that--
(i)
no such entry into a building shall be made between sunset and sunrises;
(ii) no dwelling
house or place shall be so entered except with the consent of the occupier thereof
or without giving the occupier at least twenty four hours notice of the intention
to make such entry ;
(iii) reasonable
opportunity and facility shall be allowed to the women occupying any part of a dwelling
house to withdraw ; and
(iv)due regard shall, so far as feasible, be paid
to the social and religious customs and usages of the occupants of the premises
entered into.
(2) Whenever
any officer of the Authority authorised under sub-section (1) eaters into or upon
any premises in pursuance of that sub-section, he shall, at the time of such entry
pay or tender payment for the damage, if any, to be caused by any act as aforesaid
and in case of dispute as to the sufficiency of the amount of compensation such
dispute shall be referred to the Chairman whose decision thereon shall be final.
(3)When any person is entitled to enter into or open any
premises in exercise of the powers under sub-section (1) he may also enter in similar
manner into or upon any adjoining premises for any work authorised by or under this
Act, or for the purpose of depositing therein any soil, stone or other materials
or for obtaining access to such work or for any other purposes connected with the
execution of the same.
(4)It shall be lawful for any officer authorised in this
behalf by the Authority to make any entry into any place to open or cause to be
opened any door, gate or other barrier,--
(a)If he considers the opening thereof necessary for the
purpose of such entry, and
(b)If the owner or occupier is absent, or being present
refuses to open such door, gate or barrier.
(5)Before making any entry into any such place or opening
or causing to be opened any such door, gate or other barrier under sub-section (4),
the person authorised in this behalf shall call upon two or more persons of the
locality in which the place to be entered into is situated to witness the entry
or opening and may issue an order in writing to them or any of them so to do.
(6)The officer so authorised shall in exercise of any
power conferred by sub-section (4) do as little damage as may be possible and compensation
for such damage shall be payable by the Authority to the owner or occupier of such
premises or to both and in the case of any dispute as to the sufficiency of the
amount of compensation, the dispute shall be referred to the chairman, whose decision
thereon shall be final.
54.Power to disinfect tanks, pools, wells.—(1)
Any officer authorised by the Authority in that behalf may have any tank, pool or
well cleaned or disinfected after notice to the owner or occupier, if any, when
it appears that such cleaning or disinfection is necessary to prevent or check the
spread of any dangerous disease.
(2) The cost
of cleaning or disinfection referred to in sub-section (1) shall be recoverable
from the owner or occupier of such tank, pool or well.
55.Directions by the Government.—(1)
In the discharge of its functions, the Authority shall be guided by such directions
on questions of policy as may be given to it by the Government.
(2) If any question
arises as to whether any matter is or is not a matter in respect of which the Government
may issue a direction under sub-section (1), the decision of the Government thereon
shall be final.
56.Annual reports, statistics and returns.—(1)
The Authority shall, after the end of each financial year, prepare and submit to
the Government before such date and in such form as the Government may direct a
report giving an account of its activities during the previous financial year and
the report shall also give an account of the activities, if any, which are likely
to be undertaken by the Authority in the next financial year and the Government
shall cause every such report to be laid before the State Legislature as soon as
possible after it is received by the Government.
(2)The Authority
shall furnish to the Government at such terms and in such form and manner as the
Government may direct such statistics and returns and such particulars in regard
to any proposed or existing schemes or activities of the Authority or any other
matter under the control of the Authority as the Government may, from time to time,
require.
57.Duty of local bodies to assist.—(1)
All local bodies shall under such help and assistance and furnish such information
to the Authority and shall make available for inspection and examination such records,
maps, plans, and other documents as it may require to discharge its functions under
this Act.
(2)Without prejudice
to the other provisions of this Act and notwithstanding anything contained in any
other law for the time being in force under which any local body is constituted,
the Government may give to any local body such directions as in its opinion may
be necessary or expedient for enabling the Authority to perform its functions under
this Act and thereupon it shall be the duty of the local body to comply with such
direction.
58.Protection of acts done in good faith.--No
suit, prosecution or other legal proceedings shall lie against the Government, the
Authority or the Chairman, the Managing Director or other member of the Authority
or any officer or servant of the Government or of the Authority for anything which
is in good faith done or purported or intended to be done in pursuance of this Act
or any rule or regulation made thereunder.
59.Members, Officers and Servants of the Authority to
be public servants.--The Chairman, Managing Director,
members, officers and servants of the Authority shall be deemed when acting or purporting
to act in pursuance of the provisions of this Act or any rule or regulation made
thereunder to be public servants within the meaning of Section 21 of the Indian
Penal Code, 1860 (Central Act 45 of 1860) and the Prevention of Corporation Act,
1947 (Central Act 2 of 1947).
CHAPTER
IX
Penalties and Procedure
60.General penalty.--Whoever,
in any case in which a penalty is not expressly provided by this Act or any rule
or regulations made thereunder, contravenes the provisions of this Act or any rule
or regulation made thereunder or fails to comply with any notice, order or requisition
issued under this Act or any rule or regulation made there under shall be punishable
with fine which may extend to one thousand rupees and in the case of a continuing
failure or contravention, with an additional fine which may extend to twenty five
rupees for every day on which such contravention or failure continues after the
first conviction.
61.Offences by Companies.—(1)
If the person committing any offence under this Act is a company, as well as every
person in charge of and responsible to the company for the conduct of its business
at the time of the commission of the offence shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly:
Provided that
nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge, or
that he exercised all the diligence to prevent the commission of such offence.
(2) Notwithstanding
anything contained in sub-section (1) where any offence under this Act, has been
committed by a company and it is proved that the offence has been committed with
the consent or connivance of, or that the commission of the offence is attributable
to any neglect on the part of any Director, Manager, Secretary or other officer
of the Company, such Director, Manager, Secretary or other officer shall be deemed
to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.--For
the purpose of this section--
(a)'company' means any body corporate and includes a firm
or other association of individuals ; and
(b)'director' in relation to a firm, means partner in
the firm.
62.Composition of Offences.--
The Managing Director or any other officer of the Authority authorised 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.--It
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
sub-section (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 ;
(h)any other matter which is to be or may be prescribed.
(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 thereat ;
(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
(h)the terms and conditions for supply of water for domestic
and other purposes ;
(i)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;
(j)the fee to be paid for connection with a sewer of the
Authority and other terms and conditions for such connections ;
(k)any other matter for which provisions is to be or may
be made in regulations.
CHAPTER XI
Transitory Provisions
and Repeal
66.Transitory Provisions.--(1)
Any bye-laws by whatever name called made by the local bodies in relation to the
provision of water supply and sewerage services under the Acts constituting such
local bodies before the date of constitution of the Authority and in force immediately
before the said date shall continue in force to the extent they are not inconsistent
with the provisions of this Act, until such time as regulations are framed by the
Authority under section 65.
(2) Any water
charge, fee or other item of receipt by whatever name called levied by a local body
or by the officers of the Public Health Engineering Department before the date of
constitution of the Authority and any notification, notice, order or direction in
relation to such levy or to the provision of water supply and sewerage services
issued immediately before the said date including any assessment of such levy or
order for exemption or connection, disconnection or reconnection made or granted
or any penalty imposed in respect of the owner or occupier of any premises or any
license issued to a plumber or any order made in connection therewith under any
provision of law applicable to the local body having jurisdiction over such area
and in force immediately before the said date shall continue in force until other
provision or order is made or other proceedings or action taken under this Act by
the Authority for levy or assessment or for grant of such license or connection
or provision of such services and any reference in such notification, notice, order,
direction, bye-laws or license to the local body shall be construed as a reference
to the Authority and in particular, proceeds of such charges or levy or other items
of receipt shall go into the Fund of the Authority:
Provided that
in respect of local bodies, this section shall have effect from the date referred
to in sub-section (1) of section 18.
67.Exclusion
of Powers of local bodies under certain enactments.--
Except as provided in section 66, on and from the day on which the Authority is
constituted, and in respect of local bodies, on and from the date referred to in
sub-section (1) of section 18,--
(a)any city constituted under the Kerala Municipal Corporations
Act, 1960 (14 0f 1961) ;
(b)any Municipality constituted under the Kerala Municipalities
Act, 1960 (14 0f 1961) ;
(c)Guruvayoor Township constituted under the Guruvayoor
Township Act, 1961 (43 of 1961) ;
(d)Any Panchayat constituted under the Kerala Panchayats
Act, 1960 (32 0f 1960) .
Shall
have the powers, duties and functions under the said enactments as if the powers,
duties and functions assigned by this Act to the Authority including the power to
hold any property for purposes of the said duties and functions were excluded from
the powers, duties and functions of the corporation, the municipal council , the
township committee or the panchayat as the case may be .
68.Amendment
of Act 15 of 1971:--With effect from the date on which
this Act comes into force either in part or in full, the Kerala State Rural Development
Board Act, 1971 (15 of 1971, shall have effect subject to the following amendments,
namely :--
(i) in section
7, in sub-section (1), the brackets, letters and words "(a) water supply schemes”
and "(b) sewerage schemes" shall be omitted ; and
(ii) in section
8, in the Explanations, the words "the Public Health Engineering Department
shall be the Engineering Departments of the Government in respect of water supply
and sewerage schemes and" shall be omitted.
69.Amendment
of Act 19 of 1970.--With effect from the date of
publication of this Act in the Gazette, the Kerala Public Service Commission (Additional
functions as respects certain Corporations and Companies) Act, 1970 (19 of 1970)
shall have effect subject to the following amendment, namely :--
in clause (a) of section 2, the
words and figures" or the Kerala Water Authority" established under section
3 of the Kerala Water Supply and Sewerage Act, 1986;" shall be added at the
end.
70.Removal of
difficulties.—(1) The State Government may, for the
purpose of removing any difficulty, particularly in relation to the transition from
the provisions of the enactments referred to in section 67 to the provisions of
this Act by order. Direct that the said enactments shall, during such period as
may be specified in the order, have effect subject to such adaptations, whether
by way of modification, addition or omission not affecting the substance, as it
may deem to be necessary or expedient.
(2) Every order
made under sub-section (1) shall be laid before the State Legislature.
71.Repeal and
Saving.—(1) The Kerala Water and Waste Water
Ordinance, 1986 (27 0f 1986), is hereby repealed.
(2) Notwithstanding
such repeal, anything done or deemed to have been done or any action taken or deemed
to havebeen taken under the said Ordinance
shall be deemed to have been done or taken under this Act.