The Guwahati Metropolitan Drinking Water and Sewerage Board Act, 2009

Registered No. 768/97
THE ASSAM GAZETTE
EXTRAORDINARY
w  w r ■
PUBLISHED BY THE AUTHORITY
81 28 2009, 9 W3^T, 1930 (’ TF)
No. 81 Dispur, Saturday, 28th February, 2009, 9th Phalguna, 1930 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :: LEGISLATIVE BR ANCH
NOTIFICATION
The 27th February, 2009
No.LGL.102/2008/95 The following Act of the Assam Legislative Assembly which 
received the assent of the Governor is hereby published for general information.
ASSAM ACT NO. X OF 2009
(Received the assent of Governor on 19th February 2009)
THE GUWAHATI METROPOLITAN DRINKING WATER AND
SEWERAGE BOARD ACT, 2009

392 THE
Z '
Preamble
Short title, extent 
and 
commencement
Definitions
ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009
AN
ACT
to provide for provisions of continuous and uninterrupted, hygienic, piped 
drinking water, and to promote hygienic environment for public by removing 
and tr eating waste water and sewerage in the Guwahati Metropolitan Area.
Whereas it is. expedient to provide for the establishment of The Guwahati  
Metropolitan Drinking Water and Sewerage Board for the execution of the  
projects, development and maintenance of Drinking Water and Sewerage 
Schemes, and for constitution of Guwahati Water Regulatory Authority for 
consumer protection, regulation of tariff of water supply and sewerage in the 
Guwahati Metropolitan Area;
It is hereby enacted in the Sixtieth Year of the Republic of India as follows:-
CHAPTER- I
Preliminary
1. (1) This Act may be called the Guwahati Metropolitan Drinking Water and
Sewerage Board Act, 2009.
(2) It extends to the whole of the Guwahati Metropolitan area.
(3) It shall come into force on such date as the Government may, by notification, 
appoint
2. (1) In this Act, unless the context otherwise requires,-
(a) “Board” means the Guwahati Metropolitan Drinking Water and 
Sewerage Board constituted under section 3 of this Act;
(b) “Board of Directors” means the Board of Directors 
constituted under section 3 (4) of this Act;
(c) "Central Ground Water Board" means the Central Ground 
Water Board constituted under Section 3(3) of the Environment 
(Protection) Act, 1986;
(d) “charges" includes any rates, tariff, duty, cess, deposits, rentals, 
surcharge, development charges or any other charges levied by the 
Board under this Act;
Central
Act No. 29
of 1986

THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 200
(e) "Government" means the State Government of Assam in the  
Guwahati Development Department;
(f) "Guwahati Metropolitan area" means the Area covered under 
the Guwahati Metropolitan Development Authority Act, 1985, as 
amended from time to time;
(g) "internal pipe" means the pipe which is laid within the 
premises of the consumer to deliver water to consumption points;
(h) “Licensed Plumber" means a plumber who has been 
temporarily permitted to operate as licensed plumber in any area of 
the Board or by any erstwhile body substituted by the Board and 
will include a licensed plumber who will be licensed by the Board 
in accordance with the regulations made in this regard;
(i) “local authority" means Guwahati Municipal Corporation and 
Guwahati Metropolitan Development Authority constituted under 
the Guwahati Municipal Corporation Act, 1969, Guwahati 
Metropolitan Development Authority Act, 1985 respectively and 
any other Authority, Board etc. constituted by the State 
Government;
(j) "mains” means a pipe laid for the purpose of giving a general 
supply of water as distinct from a supply to individual consumers 
and includes any apparatus used in connection with such a pipe;
(k) “Managing Director” means the Managing Director appointed 
under section 9 of this Act;
(l) “Municipal Corporation" means the Guwahati Municipal 
Corporation established under Section 3 of the Guwahati Municipal 
Corporation Act, 1969 and includes any successor body or bodies 
thereto;
(m) “occupier” means,- (i) any person who for the time being is 
paying or is liable to pay to the owner, the rent or any portion of the 
rent of the land or building in respect of which such rent is paid or 
is payable;
(ii) an owner in occupation of, or otherwise using the land or 
building;
(iii) a rent free tenant of any land or building;
(iv) a licensee in occupation of any land or building;
(v) any person who is liable to pay to the owner damages for the 
use and occupation of the land or building;
393
Assam Act
No. XX of
1985
Assam Act
No. 1  of 1973
Assam Act 
No. XX of
1985
Assam Act
No 1  of 1973

394 THE ASSAM GAZETTE, EXTRAORDINARY FEBRUARY 28. 2009
(n) “owner” inc’  a mortgagee in possession, a person who for
the time being .ceiving or is entitled to receive, or has received, 
the rent or aium for any land whether on his account or on 
account' .  on behalf of, or for the benefit of, any other person or
as an b trustee, guardian or receiver for any other person or for 
ar .gious or charitable institution or who would so receive rent
premium or be entitled to receive the rent or premium if the land 
were let out to a tenant; and also includes the Head of a Department 
or an undertaking of the Central or a State Government, the 
General Manager of the Railways, the Secretary or other principal 
officer of a local authority, statutory authority or company in 
respect of properties under their respective control;
(o) “Regulations” means the Regulations made by the Board under 
this Act;
(p) “Regulatory Authority” means the Guwahati Water 
Regulatory Authority constituted under section 20 of this Act;
(q) “Rules” means the Rules made by the State Government under 
this Act;
(r) "Service pipe" means so much of any pipe for supplying water 
from a main to any premises up to the meter installed in the said 
premises;
(s) "sewer" means a closed conduit for carrying off sewage, 
sullage, rain water, polluted water, waste water or sub-soil water;
(t) "shed" means a slight or temporary structure for shade or 
shelter;
(u) "State" means the State of Assam;
(v) "supply pipe" means so much of any service pipe as is not a 
communication pipe;
(w) “trade premises" means any premises used or intended to be 
used for carrying on any trade, industry or for any commercial 
purposes;
(x) “trade refuse" means the refuse of any trade or industry;
(xa) "trunk main" means a main constructed for the purpose of 
conveying water from a source of supply to a filter or reservoir or from 
one filter or reservoir to another filter or reservoir, or for the purpose of 
conveying water in bulk from the part of the limits of supply to another 
part of those limits, or for the purpose of giving or taking a supply of 
water in bulk;

THE ASSAM GAZETTE, EXTRAORDINARY, YEBRUARY 28, 2009 395
Constitution and 
composition of the 
Guwahati Metropolitan 
Drinking Water and 
Sewerage Board
(xb) "Water fittings" includes pipes (other than mains), taps, cocks, 
valves, ferrules, meters, cisterns, baths and other similar apparatus used 
in connection with the supply and use of water.
(2) All words and expressions used in this Act and not defined, but defined in the 
Guwahati Municipal Corporation Act, 1969, and the Guwahati Metropolitan 
Development Authority Act, 1985 and other related Acts shall have the meanings 
respectively assigned to them in those Acts.
CHAPTER-II
Establishment of the Board
3. (1) The Government shall, as soon as may be after the commencement of
this Act. by notification, constitute a Board by the name of “The Guwahati  
Metropolitan Drinking Water and Sewerage Board” for the proper and 
effective operation, implementation, maintenance, augmentation and expansion of 
the water supply and sewerage services in the Guwahati Metropolitan Area.
(2) The Board shall be a body corporate having perpetual succession and a 
common seal, with power, subject to the provisions of this Act and the rules made 
there under, to acquire, hold and dispose of property, and enter into contracts, and 
shall by the said name sue and be sued.
(3) For the purposes of this Act and the Land Acquisition Act, 1894, the Board 
shall be deemed to be a local authority.
(4) (a) The Board shall consist of the following members:-
(i) The Minister in-charge of the Guwahati Development 
Department shall be the Chairman;
(ii) The Mayor, Guwahati Municipal Corporation shall be 
the Vice Chairman;
(iii) Secretary to the Government of Assam, Finance 
Department, shall be the Ex-officio Director;
(iv) Secretary to the Government of Assam, Guwahati 
Development Department, shall be the Ex-officio 
Director;
(v) Secretary to the Government of Assam, Public Health 
Engineering Department, shall be the Ex-officio 
Director;
(vi) Commissioner, Guwahati Municipal Corporation, shall 
be the Ex-officio Director;
(vii) Chief Executive Officer, Guwahati Metropolitan 
Development Authority, shall be the Ex-officio 
Director;
Assam Act 
Nol of 1973
Assam Act 
No XX of 
1985
Central Act
1  of 1894
 
396 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009
(viii) Managing Director, Guwahati Metropolitan Drinking 
Water and Sewerage Board, shall be the Ex-officio 
Director of the Board.
(b) No act done by the Board shall be called in question on the ground 
only of the existence of any vacancy or any defect in the constitution 
of the Board.
(c) In absence of the Chairman, the Vice Chairman shall carry out the 
duties and responsibilities of the Chairman. In the absence of both, 
the Chairman or the Vice Chairman can depute in writing any one of 
the Directors to carry out the functions of the Chairman during the 
period of such absence.
4.  (1) If the Board has entered into or is considering entering into any contract or Non-participation of
a member if he agreement with any firm or company in which a member holds any share or
holds interest in
any firm, etc. interest, he shall disclose the fact and nature of such interest and he shall not be
entitled to participate in any decision of the Board relating to such contract or 
agreement.
(2) Every disclosure referred to in sub-section (1) shall forthwith be recorded in 
the minutes and communicated to the Government, and the Government may 
thereupon give such direction as it may deem proper.
Disqualifications of 
Director other than 
the Managing 
Director
5. (1) No person shall be a Director of the Board who, -
(a) is, or at any time has been adjudged insolvent or has 
suspended payment of his debts or has compounded with his 
creditors, or
(b) is, of unsound mind and stands so declared by a 
competent Court, or
(c) is, or has been convicted of an offence which, in the 
opinion of the Government involves moral turpitude, or
(d) is, or at any time has been convicted of an offence 
under this Act, or
(e) has directly or indirectly by himself or any partner, any 
share or interest in any firm or company carrying on the 
business of manufacture, sale or hire of machinery, plant, 
equipment, apparatus or fittings for the treatment of water or 
sewage or trade effluents, or
(f) has so abused in the opinion of the State Government 
his position as a Director, as to render his continuance on the 
Board detrimental to the interest of the general public.
(2) No order of removal shall be made by the State Government under this section 
unless the Director concerned has been given a reasonable opportunity of showing 
cause against the same.

THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28. 2009 397
Vacation of seats by 
Directors
Authentication of 
orders and other 
instruments of the 
Board
Meetings of the 
Board
Appointment 
of staff
Powers 
and 
Functions 
of the 
Board
(3) Notwithstanding anything contained in section 3(4) (a), a Director who has 
been removed under this section shall not be eligible for his re-nomination as a 
Director
6. If a Director of the Board becomes subject to any of the disqualifications 
specified in section 5, his seat shall become vacant and shall remain so till the next
incumbent joins in the substantive post.
7. All orders and decisions of the Board shall be authenticated by the signature 
of the Secretary or any other Director authorized by the Board in this behalf and all 
other instruments issued by the Board shall be authenticated by the signature of
such Officer of the Board as may be authorized by the Board in this behalf.
8. (1) The Board shall hold ordinary meetings at such intervals as may be 
provided in the regulations and a meeting may be convened by the Chairman at
any other time for the transaction of urgent business.
(2) The number of Directors necessary to constitute a quorum at a meeting and the 
procedure to be followed .shall be such as may be provided in the regulations.
9. (1) State Government shall appoint a Managing Director in charge of the
operations and maintenance on such terms and conditions as may be prescribed.
(2) The Board may appoint a Standing Counsel to assist advice and defend the 
Board in all causes involving the Board.
(3) The Board shall appoint a Secretary to assist the Chairman/Vice Chairman 
and other Directors of the Board.
(4) The Board shall upon such terms and conditions as may be prescribed by the 
regulations, appoint a Chief Technical Officer for Water Supply, a Chief Technical 
Officer for Sewerage, a Chief Accounts Officer for Finance and Budget and such 
other officers and employees as may be required to enable the Board for carrying 
out the functions under this Act.
(5) The Board shall engage qualified persons to be act as consultants to the Board 
and pay them such remuneration as it may think deem proper.
(6) All posts in the Board shall be created with prior concurrence of Finance 
Department, Government of Assam.
10. (1) The Board shall be responsible for the effective and complete 
implementation of the objects of this Act and shall in this direction exercise all 
such powers within the parameters envisaged under this Act.
(2) It shall be the duty of the Board to provide for,-
(i) the supply of potable water as per CPHEEO standard, including 
planning, design construction, maintenance, operation and management of 
water supply system; and

398 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009
(ii) sewerage, sewage disposal and sewage treatment works including 
planning, design, construction, maintenance, operation and management of 
all sewerage and sewage treatment works in the Guwahati Metropolitan 
area;
(iii) plan for, regulate and manage the exploitation of ground water in 
Guwahati in consultation with Central Ground Water Authority and also 
give advice in this regard to the Guwahati Municipal Corporation, the Army 
Cantonment Area or any other local authority, with the prior approval of the 
State Government;
(i v) promote measures for conservation, recycling and reuse of water;
(v) if so directed by the Government, take over and carry out any functions 
relating to the management and regulation of sewerage and ground water of 
any area, hitherto being carried out by any Government departments, local 
authorities or agencies;
(vi) collect, treat and dispose-of sewage from any part of Guwahati and 
carry out works connected with sewerage, sewage treatment and sewage 
disposal including the planning, design, construction, operation and 
maintenance of works relating thereto; Provided that, unless otherwise 
directed by the State Government, the Board shall collect sewage only in 
bulk from the areas falling within the jurisdiction of Guwahati Cantonment 
area, Military Engineering Services;
(vii) take up or promote any other measures necessary for or ancillary to the 
functions of the Board laid down under this Act, including negotiations with 
other Boards or similar authorities, or the Central or any State Government, 
and entering into agreement with them, or the formulation and 
implementation of schemes, or research and development works with the 
approval of the State Government;
(viii) the Board may with the prior approval of the State Government, 
entrust any of the tasks and functions referred to in this section to a local 
authority, limited company, registered society, research institute or 
government undertaking, including provision for private investment in any 
works thereof including ownership of the facility for operation and 
maintenance, on such terms and conditions as may be approved by the 
Board;
(ix) make provision for unfiltered water supply;
(x) notwithstanding anything contained in this Act, the Board shall exercise 
all such powers as may be necessary for complete and effective 
i mplementation of this Act;
(xi) the Board shall evaluate the performance of all the employees including 
the Managing Director appointed under section 9 of this Act and submit a 
report to the State Government.

THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009 3 99
Power of the Board to 
delegate its power to 
an officer of the 
Board
11. The Board may by order direct that any power conferred or duty imposed on it 
under this Act shall in such circumstances and under such conditions, if any, as 
may be specified in the order, be exercised and performed also by any officer of 
the Board, as specified in the order.
12. For carrying on its operations under this Act the Board shall levy rates, fees,
General Principles 
of Board's Finances charges as water and sewerage tariffs and may vary tariffs from time to time as 
may be approved by Regulatory Authority in order to provide sufficient revenues,-
(a) to cover operating expenses, including costs of electricity,
chemicals etc. taxes and interest payments and to provide for 
adequate maintenance and depreciation;
(b) to meet repayments of Ioans and other borrowings, if any;
(c) to finance normal year to year improvements;
(d) to provide for further capital works as are necessary from time to
time; and
(e) to provide for the salaries, allowances and remuneration of the
staff and all other administrative and personnel expenditure 
of the Board;
(f) to provide for the cost of such other purposes beneficial for the
extension of water supply and construction of sewerage and 
sewage treatment works in the Guwahati Metropolitan area 
as the Board may determine from time to time.
Annual Plan
13. (1) In February of each year, the Board shall submit to the Government 
the estimated capital and revenue receipts and expenditure, proposed revision of 
tariff, if any, for the ensuing year.
(2) The said statement shall include a statement of the salaries and allowances of 
Directors, officers and employees of the Board and such other items of expenditure 
and particulars as may be prescribed by Regulations.
(3) The Board may, at any time during the year in respect of which a statement 
under subsection (1) has been submitted, submit to the Government a 
supplementary statement and all the provisions of this section shall apply to such 
statement as they apply to the statement under the said sub-section.
14. (1) The Government may make grants to the Board for the purpose of carrying
Grants and 
loans to the 
Board
out the objects of this Act on such terms and conditions as the Government may 
determine.
(2) The Government may, from time to time, advance loans to the Board for the 
purposes of this Act on such terms and conditions as the Government may 
determine.

400 THE ASSAM GAZETTE, EXTRAORDINARY. FEBRUARY 28, 2009
Powers of the Board 
to borrow
15. (1) The Board may, from time to time, and on such terms and conditions with 
the previous sanction of the Government, subject to the provisions of this Act, 
borrow any sum required for the purposes of this Act,
Guarante of
Loans
(2) The amount which the Board may at any time raise as loan under sub-section (1) shall 
be fixed by the Government by notification issued in this regard.
16. The Government may guarante in such manner as they think fit the payment of 
the principal or interest or both of any loan proposed to be raised by the Board 
under section 15 of the Act.
Depreciation 
Reserve
17. (1) The Board shall create a depreciation reserve and shall at the end of every 
year, credit to such reserve from its revenues a percentage of the original cost of 
the assets as specified in the Regulations to be framed under this Act.
(2) The amount to be credited each year to the depreciation reserve under sub­
section (1) shall consist of the incremental deposit in the reserve:
Provided that the contribution in respect of any asset to the depreciation 
reserve under this section shall cease at the end of such period as may be 
prescribed by regulations or when the assets cease to be in use, whichever is 
earlier.
Improvements 
Reserve
18. The Board shall create a reserve for improvement works and shall, at the
end of every year, credit to such reserve from its revenues, such percentage of the 
balance remaining after meeting its operating, maintenance and management 
expenses and after adequate provision is made for depreciation, taxes, interest and 
amortization payments on loans and other borrowings as the Board may determine 
taking into consideration the improvement works which the Board will have to 
execute in order to provide adequate water supply and sewage treatment works in 
the Guwahati Metropolitan area.
Accounts, Audit and 
Annual Report
19. (1) The Board shall cause proper accounts and other records in relation thereto 
to be kept and maintained, including the proper system of internal check and 
prepare an annual statement of accounts, including the income and expenditure 
account and the balance sheet in such form as may be prescribed by regulations.
(2) The Accounts of the Board shall be audited by the Accountant General, Assam.
(3) The accounts of the Board may also be audited by such person as may be 
appointed by the Government and any expenditure incurred in connection with 
such audit shall be payable by the Board to the Government.
(4) The accounts of the Board as certified by the person so appointed under sub 
section -  (3)or any other person authorized by him in this behalf, together with the 
audit report thereon shall be forwarded annually to the Government and the 
Government may issue such instructions to the Board in respect thereof as they 
deem fit and the Board shall comply with such instructions.

THE ASSAM GAZETTE. EXTRAORDINARY. FEBRUARY 28, 2009
.............■  '
<
(5) The Government shall cause the accounts of the Board to be published in the 
manner prescribed by regulations and make available copies thereof on sale at a 
reasonable price fixed
(6) The Board shall prepare once every year, in such form and at such time as may 
be prescribed, an annual report giving a summary of its activities during the 
previous year and copies of it shall be forwarded to the State Government for the 
purpose of laying it before the State Legislature.
CHAPTER III
Guwahati Water Regulatory Authority
Constitution of 
the Guwahati 
Water Regulatory 
Authority
Term of Office
«
20. (1) The State Government shall, by notification published in the Official 
Gazette, constitute a Guwahati Water Regulatory Authority to exercise the powers 
conferred on, and discharge the functions assigned to it, under this Act from time 
to time.
(2) The Regulatory Authority shall consist of the following members:- i
(a) Chairman;
(b) Member (Technical);
(c) Representative of Consumers as Member.
21. (1) The term of office of the members appointed and / or nominated by the 
State Government shall be for a period of three years unless extended by the 
Government by notification published in the Official Gazette.
(2) The Members of the Regulatory Authority shall be entitled to receive from the 
funds of the Regulatory Authority such allowances as may be prescribed by the 
rules framed by the State Government in this behalf.
Disqualifications of 
members
22. (1 )No person shall be a member of the Regulatory Authority who, -
(a) is, or at any time has been adjudged insolvent or has 
suspended payment of his debts or has compounded with his 
creditors, or
(b) is, of unsound mind and stands so declared by a competent 
Court, or
(c) is, or has been convicted of an offence which, in the opinion 
of the Government involves moral turpitude, or
(d) is, or at any time has been convicted of an offence under this 
Act, or

Ql  _  " ''
402 THE ASSAM GAZETTE, EXTRAORDINARY. FEBRUARY 28, 2009
(e) has directly or indirectly by himself or any partner, any 
share or interest in any firm or company carrying on the 
business of manufacture, purchage, lease, exchange sale or 
hire of machinery, plant, equipment, apparatus or fittings for 
the treatment of water or sewage or trade effluents, or
(f) has so abused in the opinion of the State Government his 
position as a member, as to render his continuance as 
member of the Regulatory Authority detrimental to the 
interest of the general public.
(2) No order of removal shall be made by the State Government under this section 
unless the member concerned has been given a reasonable opportunity of showing 
cause against the same.
(3) A member who has been removed under this section shall not be eligible for 
his re-nomination as a member.
Functions of the
Regulatory
Anthnritv
Appointment 
of Staff
23.(i)  The Regulatory Authority shall, with or without modifications, 
approve the tariff proposals submitted to it by the Board and the tariff 
shall be notified and given effect to by the Board only upon approval 
of the Regulatory Authority.
(ii) The Regulatory Authority shall, from time to time, scrutinize the 
quality of water supplied by the Board and give rectifying instructions 
to the Board if it is not up to the drinking water standards set under the 
Rules to be framed under this Act.
(iii) The Regulatory Authority shall, from time to time, scrutinize 
metering by the Board and give rectifying instructions to the Board, if 
there are some errors, mistakes, and inappropriate operations.
(iv) The Regulatory Authority shall look into and adjudicate upon 
complaints received from the public against the Board in respect of 
supply of water, sewerage and matters related thereto and the decision 
rendered by the Regulatory Authority shall be binding and 
enforceable.
24. (1) The Regulatory Authority may, with the approval of the Government, 
appoint such employee or employees as may be deemed necessary for the 
purposes of carrying out the functions of the Authority under this Act.
(2) All posts in the Regulatory Authority shall be created with prior concurrence of 
the Finance Department, Government of Assam.
I

THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009 403
(3) The Regulatory Authority may also appoint experts and consultants on such 
terms and conditions as may be deemed fit and proper by the Regulatory Authority 
to carry out the functions of this Act.
Grants by the 
State 
Government 
to the 
Authority
25. The State Government may, after due appropriation made by the Legislature 
in this behalf, make to the Regulatory Authority grants of such sums of money 
as the State Government may consider necessary.
Establishment 
o f Fund by the 
State 
Government
26. (1) There shall be constituted a Fund called the Water Regulatory Fund and 
there shall be credited thereto,-
(a) any grants made to the Regulatory Authority by the 
State Government under section 25 of the Act;
(b) all fees received by the Regulatory Authority under this 
Act;
(c) all sums received by the Regulatory Authority as water 
regulatory fee as part of the water tariff charged to be defined in 
the Rules to be framed in this behalf;
(d) all sums received by the Regulatory Authority from 
such other sources as may be decided upon by the State 
Government.
(2) The Fund shall be applied for meeting,-
(a) the salary, allowances and other remuneration of the 
Chairman, Members and other office bearers of the Regulatory 
Authority;
(b) the expense of the Regulatory Authority in discharge of its 
functions;
(c) the expenses on objects and purposes authorized by this 
Act.
Annual Report o f 
the Regulatory 
Authority
27. The Regulatory Authority shall prepare once every year in such form and at 
such time as may be prescribed, an annual report giving a summary of its activities 
during the previous year and copies of it shall be forwarded to the State 
Government for the purpose of laying it before the State Legislature.
Budget o f the 
Regulatory 
Authority
28. The Regulatory Authority shall prepare in such form and at such time in each 
financial year as may be prescribed, its budget for the next financial year, showing 
the estimated receipts and expenditure of the Regulatory Authority and forward the 
same to the State Government.
Directions by 
the State 
Government
29. In the discharge of its functions, the Regulatory Authority shall be guided by 
such directions of the State Government in matters of policy involving public 
interest as the State Government may give to the Regulatory Authority in writing.

404 THE 4 GAZETTE, EXTRAORDINARY FEBRUARY 28. 2009
CHAPTER IV
Managing Director of the Board
Powers and 
Functions of 
the Managing 
Director
Disqualification 
and removal of 
the Managing 
Director
30. The Managing Director appointed by the State Government under section 9 
shall do the following:-
(i) appoint all such employees other than those mentioned in 
section 9 of this Act to carry out the functions of the Act with 
the prior approval of the Board;
(ii) prepare the budget for the purpose of operation, 
maintenance, supply of potable water and for any other purposes 
as may be directed by the Board and submit the same to the 
Board for approval;
(iii) cause maintenance of proper accounts of all the functions 
and activities carried out or caused to be carried out under this 
Act and for the purposes of this Act;
(iv) submit regular statement of accounts to the Board in such 
form and in such manner and at such intervals as may be 
prescribed in this regard by the Regulations;
(v) shall be responsible and accountable for complete 
performance of all the duties and obligations envisaged by and 
under this Act;
(vi) carry out any other duties, functions or responsibilities as 
may be assigned to him by the Board of Directors.
31. (1) No person shall be appointed as a Managing Director of the Board
who,-
(a) is, or at any time has been adjudged insolvent or has 
suspended payment of his debts or has compounded with his 
creditors, or
(b) is, of unsound mind and stands so declared by a competent 
Court, or
(c) is, or has been convicted of an offence which, in the opinion 
of the Government involves moral turpitude, or
(d) is, or at any time has been convicted of an offence under this 
Act, or

THE ASSAM GAZETTE, EXTRAORDINARY FEBRUARY 28,2009 405
Vesting of 
works on the 
Board
Construction of 
water works
(e) has, directly or indirectly by himself or any partner, any 
share or interest in any firm or company carrying on the 
business of manufacture, sale or hire of machinery, plant, 
equipment, apparatus or fittings for the treatment of water or 
sewage or trade effluents, or
(f) is, a Director, or a Secretary, Manager or other salaried 
officer or employee of any Company or firm having contract 
with the Board, or the Government or with a local 
Authority or with a Company or Corporation owned, 
controlled or managed by the Government for carrying out 
water supply and sewerage Schemes or for the installation 
of plants for the treatment of water, sewage or trade 
effluents, or
. ft 3v,-. ‘rflo Vt)S
(g) has, so abused in the opinion of the State Government his 
position as a Managing Director, as to render his 
continuance on the Board detrimental to the interest of the 
general public, or
(h) under- performance by the Managing Director determined 
upon evaluation made by the Board under section 10 (xi) 
and upon approval of the same by the Government, is liable 
for removal from the post of the Managing Director.
(2) No order of removal shall be made by the Board under this section 
unless, the Managing Director concerned has been given a reasonable 
opportunity of showing cause against the same.
(3) A person who has been removed from the post of the Managing 
Director under this section shall not be eligible for re-appointment as the 
Managing Director.
CHAPTER V
Water Supply by the Board
32. On and from the date of coming into force of this Act, all public reservoirs, 
tanks, cisterns, fountains, wells, and bore wells, pumps, pipes, taps, conduits and 
other works connected with the supply of water to the Guwahati Metropolitan area, 
including the head work, reservoirs and all bridges, buildings, machinery, works 
materials and other things connected therewith and all land (not being private 
property)) adjacent and appertaining to the same, shall vest in the Board and be 
subject to its control.
33. (1) The Board shall construct, lay, or erect filtration plants, reservoirs, 
machinery, conduits, pipes, or other works for supplying the Guwahati 
Metropolitan Area with water and may provide tanks, reservoirs, machinery, 
mains, fountains and other conveniences within the Guwahati Metropolitan area 
for the use of the inhabitants.

406 THE ASSAM GAZETTE, EXTRAORDINARY FEBRUARY 28, 2009
(2) The Board may cause existing water works to be maintained and supplied with 
water or it may close any such works and substitute other such works and may 
cause them to be maintained and supplied with water.
Trespass on 
water supply 
premises
34. No person shall, except with the permission duly obtained from the Board or 
the Managing Director or any officer authorized by him in this behalf, enter on 
land vested in the Board or on any premises connected with the water supply.
Prohibition of 
building over 
water mains
35, (1) Without the permission of the Board, no building, wall or other structure 
shall be newly erected and no street shall be laid over any water main belonging to 
the Board.
(2) If any building, wall or other structure be so erected or any street be so laid, 
any other officer authorised by the Board in this behalf may cause the same to be 
removed or otherwise dealt with as he deems fit and the expenses thereby incurred 
shall be paid by the persons contravening the provisions of this Act.
Control over 
house 
connections
36. All house connections, whether within or without the premises to which they 
belong, with the water supply mains shall be under the control of the Board, but 
shall be altered, repaired, and kept in proper order at the expense of the owner/ 
occupier of the premises to which they belong, in conformity with the rules made 
in that behalf.
Payment to be 
made for water 
supplied
37. Notwithstanding anything contained in this Act or any law, contract or other 
instrument, for the water supplied under this Act, payment shall be made to the 
Board at such rates as may be approved by the Water Regulatory Authority, at 
such times and under such conditions as may be prescribed by the regulations and 
different rates may be prescribed for supply of water for different purposes and for 
different quantities.
Water supply 
for domestic 
consumption
38. The Board may, on application by the owner or occupier of any building 
arrange, in accordance with the rules, to supply water thereto for domestic 
consumption and use.
Supply of Water for 
domestic purpose not to 
include any supply for 
certain specified purposes
39. The supply of water for domestic purposes under this Act shall not be deemed 
to include any supply for commercial or industrial purpose and in particular any 
supply,- v
(a) for any trade, manufacture or business;
(b) for gardens or for purposes of irrigation;
(c) for building purposes;
(d) for fountains, swimming baths, public baths 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 there from;

THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009_______ 407
(f) for the consumption and use by the inmates, in hotels, 
commercial boarding houses and clubs;
(g) for the consumption and use by the persons resorting to theaters 
and cinemas;
(h) for construction or for watering streets; or
(i) for washing vehicles where they are kept for sale or hire but 
shall be deemed to include a supply for flushing latrines and 
drains and for all baths other than swimming baths or public 
baths.
Water supplied for 
domestic purposes not 
to be used for non­
domestic purposes
Power to supply water 
for non-domestic 
purposes
40. No person shall use or allow to be used for other than domestic purposes 
Water supplied for domestic purposes.
41. (1) The Board may supply water, for any purpose other than a domestic*
purpose, on such terms and conditions consistent with this Act and the regulations 
made there under on receiving a written application specifying the purpose for 
which such supply is required and the quantity likely to be consumed.
(2) On the sanction of the application under sub-section (1), the Board may, 
subject to such charges and rates as may be fixed by the regulations, lay or allow 
to be laid -the necessary pipes and water fittings of such dimensions and 
descriptions as may be prescribed by the regulations and may arrange for the 
supply of water through such pipes and fittings.
Supply of water in bulk 
to the Government, 
Corporation and other 
local authorities
42. The Board may, by agreement, supply water in bulk to the Government
including the Central Government, Central Government Authorities or any other 
local Authority or any other public or private undertaking on such terms as to 
payment and as to the period and the conditions of supply as may be agreed upon 
between the Board and such person.
Public water 
supply
43. The Board may provide free of charges gratuitous supply o f wholesome water 
to the public within the city of Guwahati and may, for that purpose, erect public 
stand posts or other conveniences.
Power to lay 
mains
44. (1) The Board may lay water mains, sewers, or service pipes of any type in 
any street or, with the consent of the owner and occupier of land not forming part 
of the street, in over or on any such land and may from time to time inspect, repair, 
alter or renew such main, pipe, sewer wherever situated:
Provided that where a consent required for the purpose of this sub-section 
is withheld, the Board may after giving the owner or occupier a written notice of 
its intention to do so, lay the main pipe or sewer in, over or on that land even 
without such consent.

408 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28. 2009.
Power to require water 
supply to be taken and to 
require maintenance of 
service pipe
Provision of 
fire hydrants
Power of Board to 
provide meters
(2) Where the Board, in exercise of its powers under this section, lays or inspects 
repairs, alters or renews a water main, service pipe or sewer, it shall pay 
compensation to every person interested in such land for any damage or injury 
done to such land by reasons thereof.
(3) The compensation payable under sub-section (2) shall be such as may be fixed 
by the Board in accordance with such procedure as may be prescribed and after 
considering any claims made by any person interested in such land.
45. (1) After approving the connection to every consumer, the Board shall 
hire a licensed plumber to lay a service pipe and meter from the main to the 
premises. The cost of such work may be charged separately in addition to the 
regular tariff in terms and conditions specified in the Regulations to be framed 
under this Act:
Provided that the Board may in its discretion permit a consumer to hire on 
his own a licensed plumber to carry out the work of service pipe connection and 
meter installation.
(2) It shall be the responsibility of development agencies carrying out, any 
construction, including multi-storied construction or additions to existing 
construction, to ensure provision of water supply through storage tanks, either 
underground or overhead, and booster pumping stations. The construction shall be 
the responsibility of the developing agency and the maintenance and operation of 
the arrangements shall be the responsibility of the occupant of such premises. The 
Board shall be responsible for giving water in the mains feeding the service pipe. 
The construction arrangements shall be done with the prior permission of the 
Board and on such terms & conditions as shall be determined by the Board
46. The Board, on payment by the agency responsible for fire services, fix 
hydrants on water mains (other than trunk mains) at such places as may be 
convenient for supply of water for extinguishing any fire which may break out and 
shall keep these in order:
Provided that the Board may in public interest allow water to be taken or 
extinguishing fires from any pipe on which a hydrant is fixed, by the agency 
responsible for fire services, without any payment.
47. (1) The Board shall provide water meters to measure the consumption of water 
by any person using water supply and, until the contrary is proved, it shall be 
presumed that the quantity of water shown by the meter has been consumed:
Provided that the Board may in its discretion permit a consumer to use his 
own water meter subject to the approval of the Board.

THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009 409
water.
(2)The use, installation fees and rent to be paid for such use, maintenance and 
testing of meters shall be in accordance with regulations framed under this Act, 
which will remain a property of the Board.
Testing of
Meters
48. (1) If the consumers of the Army Cantonment Area and Military Engineering 
Services desire to have any meter tested, it may make an application in this behalf, 
accompanied by such fee as may be prescribed, to the Board and the Board shall 
forthwith cause the meter to be tested, giving due notice of the time and place of 
such testing.
(2) If the meter is found to be faulty, the Board shall repair or replace it and refund 
the sum, if any, as determined by the Board to have been paid in excess by reason 
of the meter being faulty.
Prohibition of waste or 
misuse of water or 
installation of booster 
pumps
49.(1) No person shall willfully or negligently cause to suffer any water fittings to 
be so constructed or so adopted, or to remain out of order in such a manner, that 
the water supplied to him by the Board is, or is likely to be wasted, misused or
unduly consumed or contaminated, or that foul air or any impure matter is or is 
likely to be returned to any pipe belonging to, or connecting with a pipe belonging 
to the Board.
(2) The Board may without prejudice to its right to proceed against such person 
under any other provision of law, acquire any person infringing the provisions of 
sub-section (1), to carry out any necessary repairs or alterations and, if he fails to 
do so within forty eight hours, may carry out the work and recover the cost 
incurred in so doing from such person.
(3) No person shall install a booster pump or any other appliance without the 
permission of the Board on any water main or service pipe or shall pump water 
supplied by the Board otherwise than in accordance with such conditions as may 
be specified by regulations made in this behalf.
Power to enter premises to 
detect waste or misuse of 
water and to restrict use of 
water from polluted source 
of supply
50. (1) Any officer, authorized in writing by the Board may, between sunrise and 
sunset, enter any premises using water supplied by the Board in order to check if 
there is any misuse of water and no person shall refuse entry to such officer or 
obstruct him.
(2) If the Board is of the opinion that the water of any well, tank, or other source 
of supply, which is likely to be used for domestic purpose or for the preparation of 
food for human consumption, is or likely to be so polluted as to be prejudicial to 
health, the Board may, after giving the owner or occupier of the premises a 
reasonable opportunity of being heard, by order, direct that the source of supply be 
permanently or temporarily cut off or may impose restrictions upon the use of such

410 THE ASSAM GAZETTE. EXTRAORDINARY. FEBRUARY 28, 2009
Power to require every 
premises to have separate 
water connection and 
service pipe
(3) No person shall construct any latrine or cesspool within ten-meters of any well, 
tank, water pipe or in any position where such well, tank or pipe is likely to be 
injured or the water therein polluted.
(4) No person shall sink any well, tube well or hand pump except in accordance 
with such conditions as may be laid down by regulations in this behalf having 
regard especially to the proximity of any sewer or storm water drain or of any 
polluted water and the Board may further require, in accordance with the 
regulations made in this behalf, that its permission should be obtained.
51. (1) Unless otherwise permitted by Board

Excerpt shown. Open the full act in Lexace.

‹ Prev All Assam acts Next ›