The ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD ACT. 1985

Registered No. A-U~ 
The Assam Gaz9tte 
Glli }ij'f~Cf 
' 
EXTRAORDINARY 
!IT-~~~ 
PUBLISHED BY AUTHORITY 
~~ 6 fq~SJ_~. ~4>~f:f, 9 Sr'8(f!~l· , 1987, 10 ~ .... ~. 1908 (xt•) 
Ne· 6 Dlspur, Friii:\} 1 9··1a Jaauary, 1987, 19tk Paus~. 
1908 (S. E.~ 
GOVERNMENT OF ASSAM 
ORDERSBYTHEGOVERNOR 
LEGISLATIVE DEPARTMENT : :LEGISLATIVE BRANCH 
NOTIFICATION 
The 9th January 1987 
No.LGL.lll/85 139.-The following Act of the Assam 
Legislative Assen1bly which received the assent of the 
President is hereby published for general information. 
28 THE ASSAM GAZE'l'O.'E, EXTHAORDINARY, JAN. 9, 198\ 
ASS.l\.l\f ACT II OF 1987 
(Received tL2 &sscnt pf the P!'csi:k 'tl't L¥1 :2.3th Dec. HJ86) 
THE ASSAM UHBAN WATC:i{ SUPPLY AND SEW~RAGE 
BOARD ACT . HW5 
A n 
Ari . 
to provic!e for the estahlishm~nt of an Urban Watci Supply and Sewe­
rage Board for the development, maintenance and regulation of tho 
Water Supply, Sewerage and se>'age disposal works and for matters 
connected therewith in the Urbao areas of the State of Assam. 
Preamble. 
Short tide, 
extent and 
commence­
ment. 
Whereas it is expedient to provide for the establishment 9f 
ao Urban Water Supplyo ani Sewerage Board for the develop .. 
!!lent, maintenance and regulation of the Water Supply, Sewe• 
rage facilities in the Urban areas of the State of Auam 
and for matters ccnnected therewith ; 
Be it enacted by the Assam State Legislature in tM 
Thirty-sixth ~ear of the Republic of India aa follows.:-
CHAPTER I 
PRELIMINARY 
(l) This Act may be called the Aaaam Urban Water 
Supply and Sewerage Board Act, 1985. 
(2) · It shall txtend to all urbau area~ in Assam baa 
excluding the cantonment arcaa. 
(3) It shall come into force on such date or dates aa. 
the 'State Govt. may, by notification, appoint and differeat . 
dates may be appointed for differeat areas. 
Definitions. 2. In this Act, unless the context otherwise require•-
(1) ''Appointed day" in relation to any local area means tho 
tiate of notification relating to that local area under Section 18. 
12) "Board" means the Assam Lrban Water Supply and 
Sewerage Board. constituted under Section 4. 
(3) ••Bye:laws" means bye-Iawa made under this Act. 
(4) "Cbamnan,. means tlte Chairman of the Board. 
(5) "Committee'' means any committee appointed under 
!"' ectfon 13. 
(~) ••catchment areas" means all land throuah or under 
~h1ch any wate~ flon. rwns or percolates directly or indirectly 
n.to any reservetr erected or used by tho Board in conncctioa 
with water aupply or drainage. 
(7) "Cesa p:1ol'' inclades a atttlement tank ·or other tank 
for the reception or di1posal of ftuid foul matter from aay· premiaa; 
,.. 
~~--~------------~------------
TI.IE ASSAM GAZETTE. EXTRAORDINARY, JAN. ~. 1987 29 
(I) UOireotor .. means the Di.rector of the Beardand illcludes 
1he Chairma• and - ~e Managlng Director ; · · . 
(9) .. Drain•• · iaeludes . a sewer, tunnel, pipe,. ditch gutter. or 
chauel· or a. d,stetD, ftush•tank, septic tank or ether device or 
carrying oft' ~- 'treating sewage, offensive matter. polluted 
water, sullage, wiute water, rain water or sub-soil. water ~a · 
also includes any culvert, ventilation abaft or pipe or 'otll'er 
applianee «*fitting connected with luch drain, aad any ejectOI'Sf· 
compreSJCd air mailil*i •ealed, sewage mains and special machi• ' 
nery or •. pparatoa ft!'aisin. & · coll~ng, expellin1 or·reme'ring 
aewa!e or offensiv~ f-..;tter from any place ; . 
I ~ '· 
(tO) .. Drainage., mean~·' device for carryias sewage, ofJ'en­
tive matter, polluted watet, waste water, rain water or sub. 
toil w.ater; 
(11) "Domestic Putposes" supply of water for domestic 
pQrposes shall ~ean supply for any purpose except· (i} for 
trade. manufa-ct,llre, busii:JOss, gardens or irriaation ;1 (ii) for 
buildiDg purposes and construction of roads; (1ii) (or faun· 
tains, swimming 1pools, .~.yublic baths or taaks o.~· .. . fdi (orna• 
mental or mechanical Jt!lrpose ; (iv) for animals, , ;~fe¢ they 
are kept for a.jil)e or b)te 6r sale of their proda«;~ , (v} for 
consumption. ~d usd" at ~ res.taurent or ~Y i nma!~• of a 
hotel, baardJbg;·house or residential club; (VI) · for Cftlnsump· 
tion and use by persons resorting to theatres and1 dnemaa; 
(vii) .f()r watering atreets ; (;>iii) for wasbiDg vchi~1 . where 
they are kept for sale or h1re. · 
~. ,~~ ,, 
(12) "Government'' means the State Government.: · 
. , 
(13) "Houae-drain" meaas aay drain of' and _\IS~d / for the 
drainage of, one or more premises. ·-· 
/.-' ' 
· . (14) ''Local area•• means .tti.o area faJiing witl;!.-jh the juria .;. 
diction of a Local body;> · 
(15) ''Local Authority,. means a Municipal Corpor ation, 
MQnicipal Board, Town Committee, Development Authority 
·or any other local authority as !pecified by the State Gov· 
,ernment. · 
(:6) "Land'' includes. {b~d~s land) benefits arising out 
of land, houseio and · th19p 'attached to she earth or per­
manently fastenenq t._-~rt}'tiog attached -tG·the earth and also 
land covered~ _, _;vater ; 
(17) "'Main" means a· pi.'pe" laid by the Board for the 
purpose,:.·ot giving a ,general supply 0f water as disUnctJreln 
a.....Upply to individual consumers, and includes U'l'f appliances 
·and appurtenances used in connection with ameh a pipe ; 
{ 18) ·,.Notification .. means a notification pubHshe&l .in: tbcr 
.oflieia! Gazette · -. '• , 
30 THE ASSAJ\i GAZETTE, EXTRAORDINARY, JAN. 9, J~8i 
(19) "0ccblpier'' ia relation eo any premises includes :­
(i) any person ·for the time being paying or liable to 
pay rent or any pottion thereof to the ownor in re3poct of 
these premises ; 
(ii) an owner who is in occupation of those premises. 
(iii) a tenant of those premi!es whCJ h exempted from paJ• 
ment of rent. 
(iv) a licensee who is in occupation of those pl'emises ; and 
(v) any persons, wl:io h liable to pay damages to the 
owner in respect of use and occupation of the premises. 
(20) ••owner'' in relation to any premises, means the per­
sons who recei 'les the rent of the said premises or wllo 
would be entitled to receive the rent thereof, if the premises 
were let and includes :-
(i) an agent or trustee who receives such rent on account 
of the owner ; 
(ii) an agent trustee who receives the rent of, or is en­
trusted with rhe management, of any premises devoted 
to religious or charitable purposei ; 
(iii) a r!ceiver, administrator or ma'la~er appointed by 
r:.ny court of competent j11risdiction to have · the 
charge of or to ex:erci11e the rights of an owner of, 
the said premises ; and 
(iv) a mortgagee-in-possesshn. 
(21) 
10
Premi~es" means any land or building or part of a 
building and includes-
(a) the garden, gl'ounei and out hous~s if any appertain­
ing to a building er part of a building ; and 
(b) any fittings affixed to a building or part of a build­
ing for the more beneficial enjoyment hereof ; 
(22) "Pre;;cribed" means prescribed by rules ; 
(23) "PreJcribed Authority" mean~ an authority appointed 
by the State Government by notitication in the official Gazette 
to perform all or any of the functions of the proJcribed 
auth~trity in one or more local areas ; 
{24) "Privat~ street", ·'public street" aDd. "Street" in rela­
tion to any local area. have _ tbe samtt meanings as in tbe 
law re{a~ing to the local body having jurisdlctiGn over that 
local area ; 
Til!! A_SS~ GAZETTE. EXTRAORD~ARY, JAN. 9, 1987. Sl 
(25) "Rules" means the rules made under . this :Act; 
(26) "Regulation" means ·regulation made und,er this 
Act; 
(27) ".Sewerage" means any device for carryinR of 
.sewage, .· offensive matter, .POlluted water, waste water, 
rain water or sub-soil water ; 
(28) "Scheme" means any scheme relating to the proVi­
sion of drinkihg water and collection and disposal of 
storm and waste water ; · · 
(29) "Sewage" IJleans night-soil and other contents of . 
water-closet.,s, latrines, privies, urinals, cesspobl or 
drains ·and polluted/waste water from sinks, bat~rooms, 
stables. cattle-sheds, and other like places; and /mcludes 
trade effluents and diScharges . from manufactunng indus-
tries of all kinds ; · 
(30) "Sewer" means a closed conduit .for ca:rrying 
sew8,1;le, offensive matter, polluted water, .waste water or 
sub-soil water laid thrt>Ugh, under or J.li>on any street or 
land whether public or private; · 
(31) "Sewerag_e sys...tim" means a sewerage system provided · 
by the Board and mcludes the sewer .to which this Act 
extends and all treatment works, pumps, pumpirig stations 
and machinery, fittings and thitigs connected . th~r~with 
and all land a~quired. held or used by the "Board for the 
purpose of this Act, in relation . to sewerage ; . . 
. ,. . . 
(32) "Urban" means and includes the areas declared .or 
included in a .Municipalitv or a . Municipal CotporatJOO . 
under the provisions of the Assam . Municipal Act, ·1956 
(Assam Act No. XV Qf ' 1957) and the Guwahati Municipal -./ 
. CQrporation Act, 1969 (Assam 4ct 1 of 1973} or any _,other-' 
Municipal Corporatipn Act which may CC)ine into force 
from time to rune · or any other area tC?>whfch the 'se,mces 
of the Board are extended as speS:fied by the·· State 
' "' Government; ·. • 
(33) "Wate~ . Connectior{" .includes:-
(i) a tank, cistern, hydrant, stand pipe, meter or tar ... 
situated on- any---private property and connected ­
with a main or other pipe belonging to the Board; · 
and. 
(ii) the water pipe connecting such a tank. cistern, . 
hydrant. stand-pipe, · meter or tap with such 
main or pipe : 
32 THE ASSAM GAZETTE EXTRAORDINARY. JAN. 9, 198i 
Creation 
and incor­
poration oC 
tb.c Boarct. 
(34) "Water Works" includes water channel (including 
stream, lakes spring, river or canel), well, pump, reser­
voir, cistern, tank, duct, whether covered or open, sluice, 
supply main, cuh;ert, engine; water truck, hydrant, stand 
pipe conduil and machina:ry_ land, buildings or other 
thing for supplying or used for supplying water or for 
protecting source of water Sl;lpply. 
(3.5) "Year" means the financial year. 
(36) The expressions "building", "house-gully", 
"offensive matter" and any other term used in this. Act, 
shall unless defined here and unless there is anything 
repugnant in the subject or context, have the same mean­
ing as in the Assam Municipal Act, 1956,.and the Guwa­
hati Municipal Corporation Act, 1969 as amended upto 
date. 
CHAPTER-Ir 
Constitution of the Board 
3. (i) The State Government shall, by notification in the 
official Gazette, and with effect from a date to be 
specified herein. constitute a Board 'to .be called 
'Thre Assam Urban Water supply· and Sewerage 
BoJrd". The duty of carryi11;g out the provisions of 
this Act, shall subject to the restriction, condi­
tions, and limitations. therein contained be vested 
in' the . said }3oard. 
(ii) The Board shall be a body corporate bv the said 
name having perpetual succession and a common 
· seal and shall have power to acquire, hold or 
dispose of property. 
(iii) The Board shall for the purpose of this Act oe 
deemed to be a local authority. 
(iv) The Board shall have its head- office at Guwahati 
and may have offices at such other places. as it 
may consifter :necessary. · 
(v) The conduct of business of the Board shall be 
regulated by such rules as. may be framed by the 
Government from time to time. 
Connitution 4. (1) (a) The Board shall consi~t of a Chairman, who 
ofthe Board~shall be the Minister in-charge of the Department. 
(b) There shall be a Vice-Chairman with the status 
of a Director to be appointed by the State Government. 
besides the Director specified under sub-section (2). 
(2) The Directors. other than the Chairman and the 
Vice-Chairman shall be as follows. namely :-
_, 
THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 9, 1987 33 
(a) A Managing Director to be appointed by ~he State 
Government. 
(b) Secretary to the Government of Assam, Municipal 
Administration Departmet,lt (ex-officio) · 
(c) Secretary to the Government of Assam, Finance 
Department (ex-officio). 
(d) Directo:t, Municipal Administration, Assam (ex-
officio). 
{e) Town Planner, Government of Assam (ex-officio) .. 
(f) Chief Public Health Engineer, Assam (ex-officio). 
(g) Chief· Engineer, P.W._D. (Roads). (ex-officio) 
(h) Commissioner, Guwahati" Municipal Corporation 
(ex-officio). 
(i), (j), (k) Thre~ elected Mayor/Chairman of the. · 
Urban Local Authorities to be :appointed by .the Govern­
ment. 
(1) . , (m), (n) Three oth,er persons to he rrominated by 
the State, Government. 
· (3) The appointment of the Vice-Chairman, the Ma­
naging. Director and other Directprs, shall be made by the 
Government and notified in ~he official Gazette. 
(4) 1\ Director. referred to in- ciause (b) &. (c) of sub­
section (2) may, instead of a..ttending a mee·ti.ng' of the 
Board 'himself, depute an officer not below the rank of 
Deputy Secretary, to attend the . meet~ng, The officer so 
. deputed shall have the right to .:take part in the proceeding 
of-the m~eting and shall also have the right to . vote. 
(5) The Vice:..Chairmari and the Managing · Director · 
shall p'ossess the prescribed qualifications. 
(6) ·The Mana~ng Direc.tor sh'an be the Chief! Execu­
. tive of the Board and be a whole tim~ officer to be appoint­
ed by the· State Government and shall possess such quali­
fications as may b~ ' prescribed qy the ·state Governm~nt. 
Term oft 5. (1) :All Directors includi~g the Vice-Chairma~ ·and 
:!dit~~d of the Managing Director shall ·hold office. during the pleamre 
llt!I'Yieeoftbe of the Government. 
Dirc:ctt!JW, · . . . . . 
· (2) The Managing Director of tbe Board sh~ll hold 
offl~e ·for three years unless his term is determinMI earlier 
by··State Government by notification in · .the official 
Gaz~tte, .and shall be eligible for re-appointment . . 
·. 
34. T}I~ A$SAM GAZE'.M!E, EXTRAORDINARY, jAN; 9, 1987 
. f3} The pcrs::>a appol.n.t:td. a :. Direo~rs under . clause {i), 
.( j), (k); · 0), (r&); (n) of s'ub-sectiQn (2) . of ·Section 4 shalt. 
· unless " ~is·. term Ia determined earJier by State Government, 
h~Jd Q~ fot: ' peri04. of !i._ 1ears or until the expiry of 
h1s ter,JD o( ~m~ . as - ~tcted head of-the .loQa1 b~y concerned, 
wbieb.f¥"er -, eaeijer, bllLaluiil be eligible ·for 're-appointment. 
(-4) Any- I>irectqr m~y. by ~itjng, ad,dre11ed to the Go­
''ernmen~ re.$ign his oflic.e an!~ such - [email protected] . takes - effect 
'IOI.bcn · aoccl)fcid by G~vtrn~nt. · 
(S) . The cQQdjtio~s of. the senice . pf the Directors . shall 
be _· ioch as ma,y be . p~e~ciibed. ·. · 
(6) . A~y ...aqancy i!! the offiee of the Directors ma,y ·be 
fi.JjecJ lfy tb~ Qo'!ei!Dmerit hy appobiting ·.a Mh<>n poss!!Ssiag_ . 
the appropriate qualification . specified in Sec tioh 4. 
~~i-l'or 6i (1.) -A ~rso~. shall ·be _disqua)ifi,ed for being • appoin-
appoint- ted as, and l9r betnK, a Dtrector of tlle . Bo~d.. tf ·he,-
mcllt aa · · · 
Director of (a) 'has: been . sentenct:d ~r any offence .involving moral 
the aeard; turpitude, tuoh sentence not haviag bee,u reserved ; · · 
(b) ia: an uDdiacharg~d fuaolvent ; 
( c;) it of 'un50und mind ; 
(d) it an oW<:er' or ' servaDt . of the Board ; 
(c) . h&ll diJec_tfy or. inditeotb, by h~~eJf cr by arny 
partner, emp.Jqy~:• or · eJDployee; a. ~Y ahare or interest in any 
. contract or · emplo~merit, with, · by or ori b~ba]f-of, the Board; 
(.f) w<• I>ir~or.· or a . Sect"etary, Manager or other 
Office~~ . ct( ~DY incor~r•ted .company which . bas ~ny share 
_or _iDterest ia an, con'tract or e~ploymeot with, by ·or on 
~If of the . Boa...,q. " ·· 
. . . 
(-i) A person shall not be disqualified UDder clause {e) 
or claus ·e (f) of sub-sectiOn ( 1) e>r be . deemed to 'have ·any 
~hare . or iacerest in any contr;lot or employment within tu~ 
nicanj.Og or' Jboae. cl.t,Jsef, by' reasons ~qnly of his or the 
·,incorporated .. company · of which he is a Direc~or, Secr~tary, 
· Manager or the Officer, having a _share ar mterest lD, -
. (i) any aale, . purchase, leale or exchange of immo- ­
'Yable propeny or .· any agretme•t for the -same ; 
. (H) any . agreemeat f•r the toan . of 'money . or any 
100Utity fM tbe .. peyment of aoaey. only; 
THE ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 35 
(iii) any newspaper in which any advertisement relatincr 
to the affairs of the Board is inserted ; " 
{iv l the occasional sale to the Board, if the aum paid 
as consideration does not exceed two thouaand rupees in any 
year, of any article in which he or the incorporated com­
pany regul&rly trades. 
(3 ) A person shall not also be disqualified . under claase 
{e) ol' clause (f) of '·sub-section (1) or be deemed to have 
an y share or in1erest in any incorporated company whioh 
has an) sha F .~ or · interest in any contract or empbyment 
with, · by, or Gn behalf of the Board, by re.asori only of his 
being a s hare bolder of such compan~: 
Provided that such person discloses to the Government 
the nature and elltent of the shares held . by him. . 
.Esp1anation-For ·the purposes of clause (d) of aub­
section (l ) the Chairman or the Managing Director or. any 
Director shall not be deemed to be an officer or employee 
of the Board. ' ' 
Remo':'al of 7. (1) If 'at any time it appears to the Government 
t~e Vl cc~ Chd- that the Vice~Cbaitmari has shown · him>elf to be unsuitable 
airman an fi h ' ffi b . be •t r ·. . d other n on· or IS o ce, or as en gUJ ty o any mlScon .uct or 
.official Direc:-neglect whbh renders his removal expedient, it shall by 
tors. notifiCation remove him · from o(fice after giving him a re-
asonable opportunity of sh6wing cause. 
(2) The Government may, by notification, remove &DJ 
non-official Director fr-om office after gi•ing him a reaaon­
able opp ortunity of sbowiDg · cause,-'-
(a) If he bas, without the permission of the Board, 
been absent in three consecutive meetings reckoned from the 
date of the commencement of his term of . office, or of the 
last mtetin g which he attended , as the case may 'be; 
· (b} if he, being a legal pracfitioner, acts or ap~8!S 
on behalf of
1 
any person other t.han the B.oard in any ctVl!, . 
crimin al or other legal proceedmgs in whtch the Board ts 
interested, either as a part'; ·or otherwise ; or 
{c) if h e, in the opinion 'of the Government, is unsuit­
able or has become incapable . of acting as a Director or 
bas so abused his position as a Director as to. render his 
cont inu ance aa sucll -Director detrimental to public . interest 
S6 THE ASSAM GAZETTE. EXTRAORDINARY, JAN; 9, 1987 
.• ~· A non:offioial Director remove4 un~er apy · of tlae prO.. 
VISIOllS of cl•uses (a; and (h) ot spb•JectJ,m (i!) aha)l unleas 
otherwise directed by the Government as disqualified for ap­
pointment as a Director for a period or three years from 
the date of hb . removal. 
4. A non-official Director ·removed under clanso. (c) of 
sub-section (2) ahall not be eli~ible for re-appointment until 
he is declared by an order of the Govcrnnien' to be no 
lon&er in eligible. 
CHAPTER-III 
Officers and Membrri of the Staff of the Board. 
Appoil'lt· S. The Board may · appoint a Secretary, a Chief Engineer, 
mf!nt of an ·Accounts ~tlicer I'Od sqcb othc;r oBict.rs ao4 Employees as, 
~~~~(~;~in- it co;0siders neceasary for the et!ident perfor!J)Jmce of ita 
eer, Chief Ac· functions : 
counts Offi-
cer and 
other Otli-
c~r• and em• 
pJoy~cs of the 
Buard 
Pro-wide~ · tha• ·the appointpaeilf of · tile Secretary, Chief 
Engineer a{ld tbe Chief AccQunta Officer 1ball be made with 
the pre.Yious approval of tbo Goveroro.ont. 
Provided further that in case of emergeaey .-
(lj the .Mana11.iag Director may appoint, temporarily 
for a period not ex~eoding tbrec rnoatbs s~ Officers or 
Employees IS m•y, ia hili opinion, be rcquirc4 for the purpoae 
of tbi.s A~t. aQd the e~plo)'ment of wh.O.a for aay particular 
work had not been prohibited by any resolutioa of the Board; 
and · 
(b) every appointment made under claus( (a) s~all 
1M report•d b)' the Managiag Director to trn, B.:>~rd at the 
noxl meetins. 
MalatainJng 9. ( 1)' The Board si,all prepare and maintaia a sebed~Ale 
!~~~::Ue~~ o!· btabllsb•ent ahowin~ the nu.-ber, deal:••tt.Go aad 1rad~ 
o( dtc Ofticen and Employeea {othet tllao the employees who 
are paid ~Y thr. day or .,bose ~Y is charpd lo temporary 
'~ ori!.,), "hom it considen ne'41l$•fY and proper to em.Ploy 
for tb~ purpoae, of this Act, and alao tbo amoQnt r 'lie 
na•ure of the salary, fee• and allGwances to be pa;d to 
eac:h aucb· Olliccr or employee. 
4 2) T-.e Sclledule r«!ferred to in s11b.section (I) shall 
be rni/led e.very year hefore the first Miiy of thilt ,ear and 
snall c:on••in the partic:uJara m~, . . ·li· iu that sub· sect I m, 
of the Officers aad employees of the Board, employed on the 
3ht Ma1·cb. imalcdiatdy pncediog. 
THE ASSAM GAZETTE. EXTRAORDINARY, JAN. 9, 19$7 37 
Control by 10. SubJ·ect to such regulations as may be ~he Manag-
ing Dirtctor. framed by the Board, the Managing Director 
shall exercise supervision and control over the 
Acts and proceedings of all the Officers and 
employees of the Board. 
CHAPTER IV 
Canduct and Business of the Board 
~:e~~~r~~ 11. (1) The Board shaH meet at sucli times and 
places and shall, subject to the provisions of sub­
section (2) and (3) observe su~h rules of procedure 
in regard to transaction of business at its meeting 
including the quorum nt meetings as may be pres­
crib .ed by regulations: 
Provided that the Board shall meet at least 
once in three months. 
(2) The Chairman or in his absence the Vice­
Chairman , or in absence of both. any other Direc­
tor, elected by simple majority votes of the 
Directors present anq voting, shall preside at a 
meeting of the Board. 
(3) All questions at any meetings of the Board 
shall be decided by a majority of the votes of the 
Directors present and voting and in the case of an 
equality of votes the Chairman, Vice-Chairman 
or in their absence the elected Chairman presid­
ing , shall have ana exercise a second or casting 
vote. 
Temporary 12. (1) The Board may associate with itself in 
association such manner and for sueh purposes as may be of persons . 
with Board determined by regulations, any person whose 
'
for particu- assistance or advice it may d~sire in performing ar purposes . . . . 
·any _ of Its functwns under this Act: 
Provided that the number of persons so asso-' 
ciated shall not be more than four. 
(2) The Board maY invite any person to offer 
his views on any subject discussed at any meeting 
of the Board. 
(3) A person associat(:d with the Board under 
sub-section (1) or invited for anY discussion under 
sub-section (2) for any purposes shall have the 
right to take part in the discussions of the Board 
relevant to that purpose, but shall not have the 
right to vote at a meeting of the Board. 
38 THE ASSA:M GAZETTE EXTRAORDINARY. JAN. 9, 1987 
Appoint- 13. (1) The Board may from time to time, appoint dlent and tunccion of conimittees consisting of such number of persons as it may 
committees. thing fit, for the ~urpose af -discharging such duties or per-
forming such .functions and on such terms and conditions 
as may be prescribed by regulatiops. 
(2) Tbe. Chairman, the Vice-Ghairman or such. other 
Director as · the Chairman may nominate in this behalf ,hall 
be . the preaident of -the committee ar:d tlie .committee . shall 
ob~rve such rules of proce~re in regsrd to transaction of 
business at its meeting!! a·s may · be prescribed by regulations. · 
(3) All proceedioJ!s of the committee shall be subject to 
confirmation by the Board . 
B Acts · of , 14. No act done or proceedings taken onder this Act 
too~ inv~~ by the Board or any GomJDittr.e shall be invalidatt"d .merely 
dated by on the ground-
informality . 
or VacaD.cy. (a) of any vacancy or · defect in the comtitution of the 
Board or the Committee ; or 
{b) of any · defect or irregularity in; the appointment of 
a -person acting as a Director · thereof or 
. (c ; 'or any defect or irregularity in such Act or procee­
ding not affecting . the merits of the c~se. 
CHAPTER-V 
·Functions and Powers of tile Board 
Functions IS. The function of the Board · shall be the following 
of th~: Board, namely:-
( I) The promotion and operation of schemes for­
(i) Supply of Water; . 
(ii)" Sewerage; · 
(iii) Sewage treatment and its disposal ; 
{iv) Stor.m Water drainage • . · 
(2) FJJnctiona connected .with or incidental~ the functions 
mentioned in clause ( 1 ). . . . ' 
(3) any other fu ::~ ctions entrusted to · the Board by the 
State Governme nt or a Local Authority: . 
Provided that ibe Board shaH perform only such of the 
above functions as are notified from time to tirne in the offi­
cial Gazrtte. 
Powu ofthe 16. (1) The Bo':lrd, shall, subject to th:: p.rovisiona of "this 
Board. · Act, have power to do such things wbicb may be neceuaty _ o~ 
expedirnt ' for performing the function under this Aet. 
( 2 WitbQut prejudice to the .gcnerali ty of the foregoing 
provision, such power shall include the · power-
. , (i) to take over all the existing responsibilities~ powers; 
controls, facilities, services and administration wi­
thin the utban areas to which this ~ct appl~cs, 
TH~ ASSAM GAZETTE~ EXTRAORDINARY. JAN. 9. 1987 39 
from the local b1d ies h:tving jurbdicti(lll o~cr s\Jch areas rclatinJ 
to water supply, sewerage and aewa~e disposal and to man• 
,;hea 110 as t() provide the people of tb!)iC areal Whole lOme 
Wi4tcf1 efficicllt ~ewerage anQ ltoJQl drainage 'SCfYicCI. 
(ii) to ·extend, expand and develop the existing facilities 
and to provi de, mail'!tain and operate facilities for aupply of 
water and for providing sewerage and storm drainage ser­
vices in urban areas in con<~~ultation with the local bodies; 
(iii) to establish, maintain and operate Iaborateries and. 
experimental and resur ch sLltioo; 
(fv) to establish · in-1ervice traioiog course and provide 
other training tor ita p(;rsonnel; 
(v) to · invcs,igate, plan and prepare schemes fllr water 
supply, sewerage aad stor tn drainage service:. in urban areai 
in consultation .. itb .the heal au~horieies and c:;,\rry out their 
execution; 
· (vi) to regulate the drilling of tube-well~. pub lic or pri­
vate and to control the drawal of undergreund water in 
notifted urban areas; 
\1'ii) to enter into contract· or arrangelilent with &ny 
person a1 the Board mlly deem necessary for performing its 
tunctioDa under thia Act; 
(viii) to determiae · levy and collect fees and chaPgcs 
(ix) to borrow moaey, iuue debentures aai mana~~ its 
owa fuads; and 
(xl to incur CxpcDditure and to 1raat bans and advaoces 
to such pcnoaa ar authoridCll as tiie Bolltd may dCCOl nece­
uary for performiag its functiGqs u~a:ier tbia Act ; 
{xi) to encrust execation and maintenance of w•rts to au y 
local .authortty. · 
Power or the 17. (I) The Board may under,ake the eucut .i<)n or further 
Hoard to execution of any :•cheme or· work of water .. .,ply, aewl!rago 
undertake for 1torm drainage on behalf of any local body, central or 
~:n ~ St:ate Gov~rnment · DepartmQlS, Salutory bodice. Pllblic or 
tbe il}ltaoce Private undcrtatloa• etc., whoae wat•r supply, sewera,e aod 
of otherS. storm drainaie .-C:rvicea have not ve,ted in and atood trans-
ferred ro the Boa.rd under sub-section 11) of s,erion 1 I on 
such terms and coaditiona u may be aKree:! upon between 
1uch other party and the Boare~ .. 
40 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 9 • . 1987 
(2) The Board for the purpose of removing any difficulty 
particularly in relation to the proviaiena of the Act er aay 
difliculty in respect of ·proper fun~ioning of the Board may 
approach Sta~e Government· from time to time for such help as 
deemed necessary fer 1 emoval of diflicultiea and difference. 
CHAPTER VI 
Vesting of Existing Water Supply and ~cwerage S:=rvices. 
Tranafer 
of existing 
Scvicea 
from L'lcal 
Bodie• to 
B~rd •• 
'1 
18. { 1) The State Gov3rnrnent m 1y, for pllblic purpoiei 
by notification in the official 01zette, declare in respect of 
an:"' Urban ar~a tbat as from a date to bJ specili~d there .. 
in-
l 
(i) all the existing water supply and s~Nerage strvioes 
sewage works and sewage firms, iocl11ding all plaah, machio.­
eries, water works, pumping statiom, filter beds, water mai11~ 
and public sewera io abng, ovor or under any public street, 
and all building• and other works, materials, stores · and 
things . appertaining thereto, beloagiog to or veste·d in any 
local body and/or under execution and/or maintenance by 
the State Public Health Engineering Organisatbn for and 
on bch.alf of the local body concerned • 
.. 
(ii) So much of' the sub-soil appertaining to the said water 
J:Dalas and sewen a' may be necessary for the purp:>se 
of enlarging, deepening or oth~rwise repairing or maintai11lng 
any such water mains and sewers or an} pipoa and oth~t 
appliances and fittings cJnnected with sue\ ,w.1ter supply 
aad seweraae services and sewage works and sewage firms~ and .,. 
{iii) All rights, liabilities and obligations relating 'o the 
things mentioned in clause• (i) and (ii) including the rigbt to ' 
recover arrears of water taXI and sewerage tax: and of any 
cost or fees relating to .. water supply and sewerage services, 
and also including liabilities arising from any loans a4vanced 
by the State Government to any local body for the things 
aforesaid otaer than loans diverted to or utiliaed for other 
purposes shall vest in and stand transferred to the Board· and 
be subject to ita control. · 
TH~ ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 41.-
(2) Where ~ny doubt or dispute arises as to whether 
any property, interest or asset bas vested in the Board un4eli 
sub-section (l) or any rights, liabilities or oblig~tions have 
become the righta, liabilities or obligations of the Board under 
this section or under Section 19, auch doub• or dispute shall 
be referred to tho State Government in connection with the 
concerned departments wbo~e decision shall be final and bin- · 
ding on the Bo21rd and tbe Local Body or the Public Health 
Engineering Organisations as the case may be. 
Board b1li? 19. All tiebts and obliaations incurred, all contracta entered 
assume o - . 1 d h. d b b . h gations or mto, a I mdters an t tngs engage to e done y. Wlt or 
1 ocal au tho: for any urban local body in reapcct of any of the .functions 
rity in res- spc:cified in Section 15 btfore the appointed day, shall be 
pee\ or bath deemed to have been incurred, entered into or engaged to 
!hi: Xc~ a ~~- be done by, _with. or. for the Boa!d, a~d ell suits or ~ther 
lies. legal procefdtngs mstttuted or wbtcn mtgbt, but for the tssuo 
of the notification under sub-section (1) of Section 18. have 
been . iostituted by or agamst the Urban local body or Public 
Health Engineering Organi~ation, may be continued or mstitu­
ted by or agaiast the Board. 
CHAPTER VII 
Transfer of Assets and Liabilities of the Public Health 
Engineering Organisation and the Urban Local Bodies to 
the Board .. 
Transfer of 20. All the assets and liabilities ·af the Public Health 
li~ssb~tl~t . a ndf Engineering Organisation of the State Government and of 
a 1 1 tes o b U ba L I B d" . l • b the . Public t e r n oca o 1es m re atton · to any ur an ar~a. 
Health Engi· except tbe assets and liabilities \\'hich the Government ma v 
neeril?g . by ge·neral or special · order, specify in tbls behalf, shall 
Orgadntsahtton subject to such d i:ections a:s they may specify in such order, an t e . h d Urban Local vest 1D t e boar • 
Bodies to 
•be Board. 
Transfer of 
property 
to the 
Boa1d. 
21. ( t} The State Government may transfer to the 
Board any ·building, land or other property movable or immo­
"Yable, for tbe use cf, and management by the Board ou 
auch conditions and subject , to such · limitations as may be 
imposed by the Governtncnt. 
(21 If any question anatl •• to the g-rant of com­
pensation to the tlrban lotal bbdles conaequent ·upon 
the taking ~er of their exi$ting water s!lppJy, aeweraac 
services, sewage work and sewage fitms ut~der Section 18 
then an amount not cxcecdina rupee one aball be payable. 
42 'l"IIE AS~A1\'I CAZETTE EXTRAORDINARY. JAN. 9, 1987 
Transfer of 
<'mployees. 22. (1) Save as otherwise provide<:). in Section 
8, pers( :ns who were either emr loyed in the Public 
Health Engineering Org2.nisation of Government of 
Assam cr l!nder a local body, exclusively in connection 
with Urban Water supply or sewerage servicesor 
sewage works or sewage firms, shall from the appointed 
day (hereinafter iil this section referred to as the said 
date), be transferred to the Board and they shall hold 
their offices or services therein by the same terms at the 
same remuneration, and upon the same other terms 
and conditions and with · the same rights and pri­
vileges as to pension, gratuity and other matters as 
they would have held the same on the said day 
if this Act had not come into force or, as the 
case may be the aforesaid water supply and se­
werage service, sewage works and sewage farms 
had not been transferred to and vested in the 
Board, and shall continue to do so until their 
employment in the Board, is terminated or until their 
remuneration or other terms conditions of services 
are revised and altered by the Board under or in 
pursuance of any by law or under any rule made 
in this behalf under Sections 115, 116 of this Act . 
.. :P1'gvided that a permanent employee of the State 
Government, whose services have been transferred 
to the Board, shall hqld lien under the State 
Government and the period spent in the services 
of the Board shall be reckoned for increment, 
pension, and other terms and conditions of the 
State Government rules in the event of his retur­
ning back to the State Government service. 
(2) Every Officer or employee of the State 
Government whose services have been transferred 
to the Board, shall intimate the State Government 
in writing within two years from the d~te of transfer 
of his services to the Board.-
(i) that he may be permitted to retire from 
service and ~thereupon he shall be per­
mitted to retire from Gcve.t.nment service 
and he will be entitled to compensation · 
THE ASSAM GAZETTE. EXTRAORDINARY, JAN. -9, 1987 43 
pension, gratuity and any other bene­
fits p~rmissible to him to the maximum 
possible limit under the rules, or 
(ii) chat he should be absorbed substantively in 
the service of the Board and then the Board 
will absorb him substantively in service 
and thereupon the services rondered by 
him under tbe ·State Government shall 
be treated as services rendered under 
the Board and he shall be entitled to 
have such rights cr to such similar 
rights in the ~hanged situation ·with re­
gard· to remuneration, leave and pension 
as -\vill not be less favourable to the 
sen·ice conditions, agreements and rights 
as he would have been entitled to be­
fore he was employed in the Board, or, 
(iii) that he may be permitted to revert to the 
·G<wernment service and he will be allowed 
to do so on the same terms and conditions 
as were applicable just before his services 
were transferred to the Board and he 
will be deemctd to have · remained always 
in the Government service under the 
-same terms and conditions. 
(3) If any Officer or employee do not give 
such intimation v.-ithin the above specified period 
it will be deemed that he has opted for beinog 
absorbed substantively in the service of the Board 
under the terms and conditions specified by it. 
(4) Notwithstanding anything contained in sub­
section (1), but subject to any express agreement 
to the contrary, any person referred to therein, 
other than a workman as defined in the Indua­
trial Disputes Act, 1947 (Act. XIV ·of 1947) who 
becomes an employee of the Board shcill be liable 
to be transferred from any establishment or under­
taking in which he was employed immediately 
before the 'Said date to 'fny other · establishment or 
undertaking belonging tO< the Board on the . same 
--
44 THE A~SAM GAZETTE.-EXTRAORDINARY, JAN; 9, 1987. 
remuneration and on the same · terms and condi­
tions as governed him, . immed iately before such 
transfer. 
(S) If . any question arises as to whether anr 
person was· exclusively employed in connection with 
the aforesaid water supply and sewerage s·ervices 
sewage works and sewage farms under a local body 
immediately before the said date, it shall be de­
cided by the State Government and the · decision 
of the State Government shall be final. 
/(6) The sums standing to the credit of the 
employees referred to ' in sub-section (1) in any 
pension fund, provident · fund, gratuity fund or 
other like fund constituted for them shall be trans­
fer:red by the. State Government or the local body 
concerned, as the . case may be, to the Board along 
with any accumulated interest due till the said 
date and with the accounts _relating to such fund 
and the Board shall to the exclusion of the State 
Government and of any . local body, be liaole for 
payment of pension, provident . fund gratuity or­
other like dues as may be payable to such emplo­
yees at the· appropriate time in accordance with 
the conditions oftheir service. -
. (7) Notwithstanding anything contained in 
the Industrial Disputes Act, 1947 (Act. XIV of 1947) 
or. , in any other law for the time being in force 
the transfer of any employee to the .Board under 
sub-Section ( 1) shall not entitle any such employee­
to any compensation under that Act or such other 
law and no such claim shall be entertained by . any 
court, tribunal or authority~ 
(8) Eve.ry permanen t or temporary employee of 
the Public Health Engineering Organisation of the 
State Government or of a local body becoming . an 
employee of the Board under sub-section (1} shall,. 
· on and from the said date, be a permanent or 
temporary employee of the Board , · as the . case may 
be, against a permanent or tempor ary post, which 
shall stand created in the establishment of the 
Board with effect from the said date . · 
( 
THE ASSA 'M GAZETTE. EX'.rRAOTIDTN;\ RY. JAN. 9, 1987 45 
(9) Any employee referred to in the proviso 
to sub-section (I) shall be deemed to have conti­
nued to be in the service of the State Gover nment 
or the local body concerned, a11 the case may be, 
between the said date and the date of abolition 
of the posts under sub-section (2) but the State 
Government or the .local body, as the case may be, . 
shall be entitled to reimbursement of the remunera- ' 
tion paid by it to such employee for that period 
and also of the compensation referred to in the 
second proviso to that sub-section. 
· CHAPTER VIII 
PROPERTY CONTRACT FINANCE ACCOUNT 
AND AUDIT 
Po~er 1 to d 23. ( 1) Every contract , or assurance . of property 
aE~~~:ti~~ on behalf of the Board shall be in writing and executed 
'R. .•ndt. by such authority and in such manner as may be 
eg~ttra loa d · d b h .B d of contracts etermme y t e oar . 
etc. 
(2) Notwithstanding ·anything contained in the 
Indian Registration Act, 1908 (Act, XIV of 1908)it 
shall not be necessary for the Secretary or any other 
Officer of the Board authorise · to execute on behalf 
or the Board any agrt.:ement or other instrument to 
appear in person or by agent at any . registration 
office in any proceedings connected with the registra­
tion of any such . agreement or instrument or to sign· 
as · provided in Section 58 of that Act: · 
Provided that the Registering Officer to . whom 
such instrument is presented may, if he thinks fit, 
refer to the Secretary or such other officer for in­
formation regarding the same and shall, on being 
satisfied of the execution thereof, register the 
instrument~ 
Board'• Fund. . 24. (1) The Board shaH have its own fund 
which shall be deemed 10 be a local fund and to 
which shall be credited all moneys received by or 
on behalf of the Board. 
THE ASSA 'M GAZETTE. EX'.rRAOTIDTN;\ RY. JAN. 9, 1987 45 
(9) Any employee referred to in the proviso 
to sub-section (I) shall be deemed to have conti­
nued to be in the service of the State Gover nment 
or the local body concerned, a11 the case may be, 
between the said date and the date of abolition 
of the posts under sub-section (2) but the State 
Government or the .local body, as the case may be, . 
shall be entitled to reimbursement of the remunera- ' 
tion paid by it to such employee for that period 
and also of the compensation referred to in the 
second proviso to that sub-section. 
· CHAPTER VIII 
PROPERTY CONTRACT FINANCE ACCOUNT 
AND AUDIT 
Po~er 1 to d 23. ( 1) Every contract , or assurance . of property 
aE~~~:ti~~ on behalf of the Board shall be in writing and executed 
'R. .•ndt. by such authority and in such manner as may be 
eg~ttra loa d · d b h .B d of contracts etermme y t e oar . 
etc. 
(2) Notwithstanding ·anything contained in the 
Indian Registration Act, 1908 (Act, XIV of 1908)it 
shall not be necessary for the Secretary or any other 
Officer of the Board authorise · to execute on behalf 
or the Board any agrt.:ement or other instrument to 
appear in person or by agent at any . registration 
office in any proceedings connected with the registra­
tion of any such . agreement or instrument or to sign· 
as · provided in Section 58 of that Act: · 
Provided that the Registering Officer to . whom 
such instrument is presented may, if he thinks fit, 
refer to the Secretary or such other officer for in­
formation regarding the same and shall, on being 
satisfied of the execution thereof, register the 
instrument~ 
Board'• Fund. . 24. (1) The Board shaH have its own fund 
which shall be deemed 10 be a local fund and to 
which shall be credited all moneys received by or 
on behalf of the Board. 
46 TI1E ASSAM GAZETTE. EXTRl\ORDtNARY, JAN: 9, I-9S7 
(2) The Budgetary p·rovisions hitherto being 
made in the State Budget in the Public l~ealth 
Engineering Organisation, Urban Development 
Department such as Municipal Administration 
Department and Town and Country ·. Planning 
Department for construction and maintenance 
of Urban Water Supply, Sewerage. and Drainage, 
shall . continue to be · provided in the budget for 
the . current firiancial year and the amounts of 
these provisions as may be considered necessary 
by the· State Government shall be transferred to 
the Board's fund on such terms and conditions as 
may· be decided by the State Goverpment. · 
(3) ·The expenditure on the Board· will be 
debited to a new sub-head of Account "Water 
Supply and Sewerage Board'' to be opened under 
''284 ·Urban Development-a General ( 1) B-Other 
State Plan Schemes and. Non-Plan I-A Direction 
a~d . Administration ~.:..._General · - ;\~rilin~straiton (a) 
Directorate of Mumctpa-1 Admm1strat10n" by the 
Government. · 
(4) EXtCept as otherwise directed by the State 
~Government, · all moneys belonging to the Board's 
fund shall . be deposited either in the State Bank 
of India or in such other Scheduled . :aank, or 
invested in suc.h securities, as may be approved 
by the State Government. · · 
-~nest.(j~~~'d- 25· ( 1) Save as ~here in the opinion of the Board · 
geted Ex- circumstances of extreme urgericy have arisen, no 
penditure. · sum exceeding five lakh's of rupees on account of 
recurring expenditure or exceeding fifteen lakhs of 
rupee~ on account of non-recurring expenditure 
shall })e spent by the Boa~d in, an~ financial year 
unless such sum has "!Jeen mcluded m a statement 
submitted under sub-section (1) of Section 39. 
(2) Where any such sum in spent in drum­
stances of extreme urgency a report thereon, in-
4icating the source . from which · it is proposed to 
meet . the . expenditure shall be made as soon as 
practicable to the Government, 
THF !\.SSAivi GAZETTE, EXTRAORDINARY, JAR 9, 1987 47 
~ne~a} 26. ( 1) The Board shall, as far as practicable, carry 
t":nli~a~~·s ·on its operations under this Act on sound Commer­
Finance. Gial principles, or ''No-profit nu-loss basis" and shall 
adjust its rates of charges accordingly: 
Subventions 
to the 
Board. 
Loans to 
the Board. 
. Prc.vided that where necessary ·any amount due 
for meeting the operating, maintenar.ce and mana­
ge111ent expenses of the Board for purposes of clause 
(i) and (ii) of Section 32 may, • to ~; uch extent as 
may be sanctioned by the State Government, be 
paid out of the Board's fund. 
(2) The taxes, fees and charges authorised to 
be imposed under this Act shall · be sufficient to 
enable the Board to . cover the follov;ing : 
( i) operating expenses, 
(ii) maintenance, 
(iii) taxes payable by the Board, 
(iv) depreciation, 
(v) interest repayment, 
(vi) amounts required for the repayment of long­
term loan to the extent that such repay- · 
ments shall exceed the provision for de­
preciation, and 
(vii) adequate allocation to . reserves. 
27. The State Government may from time to 
time make subventions to the Board for the pur" 
·poses of this Act on such terms ·and condition 
as . the State Government may determine. 
28. The State Government may from time to 
time advance loans to the Board on such terms 

Excerpt shown. Open the full act in Lexace.

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