LexThe Gujarat Water Supply and Sewerage Board Act, 1979.
Gujarat · state statute
Open in Lexace · Ask the AI about this actExka No. 20 REGISTERED NO. G/GNR/2
I
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~be 6ujarat 6olJrrnmrnt 6a1rtte
EXTRAORDINARY
Vol. XX]
PUBLISHED BY AUTHORITY
WEDNESDAY, JUNE 6, 1979/JYAISTHA 16, 1961
IQante 1.,nta: II ifvea to &II Part la onler tldt II -.,
... llell .. • sepnte .-.,lldea.
PART IY
Adi of the Gujarat LegislahltO and Ordinance promulgated and
Regulatioo1 made by the Governor.
The followfus At$. of the duJ~at ~lJ.tqre having been assented to by the
Presid(fnt on the 28th May 1979 is hereby published for general information.
V. V. BEDARKAR,
Secretary to the Government cl Gujarat,
Legal Departni~nt.
GUJARAT ACT NO. 18 OF 1!179.
(First published, after having received the assent of the President in the
"Gujarat Governn1ent Gazette, 00 the 6th June 1979 ).
An Act tQ provide for the establishment of a Water Supply and SeWerage Board
for the rapid development and proper regulation of water supply and sewerage
services in the State of Gujarat.
It is hereby enacted in the Twenty-ninth Year of the Re:Publio of India as
follows:-
'
CHAPTER I.
PltELiltINA.BT.
· 1. (1) T¥a ACt nia.ybe Called.the Gujarat-Water Supply and Sewerage
Boaro Act, 19'18.
(2) It eXt,ends to tM whole of the Stat.e of Gujarat e:ioluding the &?6aS
eo'fuprisad in CitiGa and oanflOnments.
133
IV-EEf;ra-92
Short
title,
extent
end com·
mencement.
_l ·f tlitionl!.
13' GUJ. GOVT. GAZ., EX,, MAY 6, 1979/JYAISTHA 16, 1901 [FJ.11.T IV
(3) ThiJI 1totion shall oome into force at onoo and the remaining provi
Bions shall oome into foroe on euoh date as the State Government may, by
notification in the Offioial Gazette, appoint, and different dates may ho
appointed for difl'erent provW.ons, and any referenoo in any such provision to tho
date of oonunoncement of this Aot shall be construed as reference to the
date of coming into_' force of that provision,
2. In this Act, unless the contoxt otherwise requires,-
(i) "Board" means the Gujarat Water Supply and Sewerage Board
ostabfuihed under section 3;
(ii) "byo-laws" moons bye-laws made under this Act ;
(iii) "cantonment" means a cantonment declared as such under ooction JI of
3 of the Canton1nents Act, 1924 ~ 1924.
(iv) "coss-pool" includes a settlement tank or other tank to receive
or dispose of foul matters from any premises ;
(v) "Chairman" means the Chairman of the Board ;
(vi) "City" means a City a11 oonstituted under section 3 of the Bombay
Provincial Municipal Corporations Act, 1949;
(vii) "conunu,uication pipe" moans 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 includoa a connection pipe, service pipe,
mete-i: or other fittings i - -
(viii) "connect.ion pipe" means any water pipe from a ferntle to
stop-cock connecting the main of the local body or the Board, a.<J tho caoo
may be, with the service pipo ;
(ix) "consumer" means any person getting the benefit of any water
supply or sewerage service from the local body or the Board, as the
caue may be ;
(x) "domestic sewage" means waste water from residential p:oom.isea,
boarding and lodging houses, hostels, hotels, publio p1acos, offices and all
suoh establishments as are not a pa.rt of any trade or industry, and
arising out of perBOnal and normal human activities such as drinking
bathing, ablution, washing and cooking j
(xi) "drain" means a sewer; tmmel, pipe, ditch, gutt.6r or channel
or any cistern, flush-tank, septic tank or other device for carrying off
or treating sewage, offensive matt.6r, polluted water, tntllage, wast.a water
. or sub-soil w~t.er, and inclll;des any culvert, .ventilation shaft or pipe
or other appliances or fittmge connected mth such -drain, and any
ejectors, compressed air mains, sealed sewage mains and special maohi~
nery or apparatus for raising, oollooting, expelling or 1'61IlOving sewage or
offensive matlior from any pl1Ml6 1
,., ..
LIX ,,
1940.
O.j.
Hof
.....
P4.BT IV] GUJ. GOVT. GAZ., EX., MAY 6, 1979/JYAISTHA 16, 1901 135
(xii) "ferru1e" moans a ferrule connecting the coimoot.ion pipe with
the main;
(xiii) "Gujarat Public Health Enginooring Sorvice" means th6 organi
sation functioning for the purpose of providing water supply and sewerage
servioes aa a wing of the Health and Family Welfare Department of the
Government of Gujarat ;
(xiv) "looal area." means the area falling within the juriadiotion of
a looal body ;
(xv) ''looal body" means a munioipality or a paucha.yat e.'itablished
under any law for the time being in foroo ;
(xvi) "m,iin" rnc;iri:.; n pipe laid by the local body or the Board, as the
case may be, fe>r the purpose of giving a geucral suppl)· cf water ios dist,inct
from a supply to individual consumers, and includt·~ any ap:parrtus used in
connection wit.h such a pipe;
(xvii) "member" m1a1u1 a m~mb<!rof the Board, and includrs the Cl1air
man of the Board ;
(xviii) "~Icmber-Seeretary" means the 1iember-Secretary of the Board
(xix) "municipality" includes the person or comtnittee appointed under
clause (c) of sub-sr:ction (1) of section 26!-B of the Gujarat l\Iunicipalities
Act, 1963 for any notified area;
{xx) ''non-official member" means a iuember, not being an w-offido
member ;
(xxi) "occupier", in relation to any pre1nises, mf'nns t.he follo,•ring:-
(a) any person for the time being paying or liable to pay rent or any
portion thf'r1:of to the owner in respect of those pre1niEes
(b) an o'VJ1er who is in occupation of those premise.'\;
{c) a tenant of those premises who is exen1pt from payment of rent ;
(d) a lict:<nsec v:ho is in occupation of those pre1nises; and
(e) any person, '"ho is liable to pay damages to the owner in respect
of use and occupation of those premises ;
(:xxii) "o,vuer'', in relation to any premises, means the person who reCT!
ivcs the rent (,f the said premises or who would be entii led to receive the
ri'nt ther,·of if the premises were let, and includes-
(a) an agent or trustee who receives such rent on account of the
owner I
136 GUJ. GOVT. GAZ., EX., ~lAY 6, 1979{JYAISTHA 16, 1901 [PJ..R'l' I~
(b) an ag~nt or trustee who receives the ient of, or is entrusted w+th,
the 1nanagement of any premises devoted to religious or charitable pur·
poses
(c) a rec~iver or manager appointed by any Court of competent
jurisdiction to have the Chai-ge of, Or tO ·exercise the rights of an Owner
of the said premiHes; and
(d) e. n1ortgagce-in-possession;
(xxiii) upremiscs11 meansanyl~ndor building or \ll}' .i \rt of a') ti\ ling;
(xxiv) "11rescribcd" means prescribed by rules ;
(xxv) "pri\ra.tc street", "public street" and "st.rret", in relation to any
local area, shall have the lllC<tning.1 assigned to them in th<> law relating to
the local body having jurisdiction over that loe2.l t>,ff'a ;
(x:x:vi) "rt•gnlations" inPans regulations made under this Act
(xxvii) "relevant local authority law" means-
(a) in relation toa inunicipality, the Gujarat:Municipalities Act., 1963;
(b) in relation to a panchayat, the Gujarat Panchayats Act, 1962 ;
(xxviii) "rules" means ruh·s 1nadc under this Act;
{x:x:ix:) ".~er\•ice pipe" ineans any pipe other than the connection pipe
beyond the »top-cock by means of which \\'ater i,<; supplied to a11y premises ;
(xx:x) "sewage" n1e\11S night-soil and other contents of \vatf'r closets,
latririr.s, privie;;, uri11als, cc&>-pools or drains, and polluted water fron1 sinb:,
bath room~, :;tables and other like places, and includes t-rade efflurnts ;
(xxxi) ":;e,ver" ffi<Jans a closed contluit for carrying sewage, offensive
n1at•.cr, polluted watc;, waste water or sub-~oil water;
(xx:xii) ".~c\verage" 1n<Jan.<; 11. system of collection of waste \\Tt~r from
cotnmunity front its houses, inst.itution~, industry and public places, the
pu1npi:1g treat1n ~nt and disposal of such waste water, its cfflu"n~, sludge,
gas and other Pnd p1'0ducts ;
(xxxiii) ".;tup-cock" means a stop-cock fitted at the end of the connec·
tion pipe B.lV,\Y from the m~in for th'-l purpose of s\vit.ehing off and regu
lating the water supply to any premises ;
(zxxi..-) "•r&de ef'luent" me&ll.! any liquid either with or without particles
of matters in suspension therein, whioh is wholly or in part produced or
discharged in the course of any trade or industry, inoluding agriculture
aRd hortiGY.ltntre, buf; it doe& llOb inolude domtlilbig 18WA&fli
Gnj,
" of
1964.
Gnj,
VI Qf_;
1962.:.
Bom.
I or
1994,
GUJ. GOVT. GAZ., EX., MAY 6, 19'19/JYJ\l~;rM 16, i~~
(xx.xv) "water oonneotion'' includ~-
(a) any tank, cistern, hydrant, standpipe, meter or tap, situated on
any private property and connected with a main or other pipe belong
ing to the local body or the Board, as the ease may be;
(b) the water pipe connecting suoh a. ta,µk:, ci.eterUi, hyd;ant, stand
pipe, meter or tap, with such main or RiP!cl;
(xxni) "water supply"i;m.eans a system~:or providing water to a com
munity for meeting its requirement for &inking and other domestio usoo,
industry, reoreation and various publi9 uses;
(xx.xvii) "water works" includes water chat)Jlel (including sti:eam, lake,
spring, river or oa.naJ., well, oth!_:ir underground water sou,roe, pump, galle
ries, reservoir, oistern, tank), duct, whether covered or open, treatinent
units sluice, supply main culvert, engine, water-truck, hydrants, sti,.n.d
pipe, conduit and m.aohinory, land, building or other things for supp]yii,lg
or used for supplying water or for protecting souroes of water supply
or for treatment of water.
CHAPTER II
ESTABLISHMENT, CoNDUOT OF BUSINESS, DUTIES AND POWERS o:rr THE BOARD
3. (1) AJ3 soon as may be after the commencement of this Act, the State
Government shall, by notification in the Official_ Gautt.6, with effeo~ from
a date to be specified therein, establish for the purposes of this Act a Board
to be called "tho Gujarat Water Supply and Sewerage Board".
(2) The Board shall be a body corporate, having perpetual suooeaaion
and a common seal, with powers, subject to the provisions of this Aot, to
aoquire, hold or dispose of property, both movable and im.mova.ble, and
bo contra.ob, and may sue or be sued by its corporate name aforesaid.
(3) The Board shall be deemed to be a local authority as defined in the
Bombay (ffineral Clauses Act, 1904.
4. (1) The Board shall consist of the following members, namely :-
(a) the Chairman to be appointed by the State Government, from
amongst persons app~aring to it to be qualified by reason of wide adminis
trative experience in a managerial capaoity or capability as a teohnioal
e~t, for such appointment;
(b) tho Member-Sooretary to be appointed by the State GoverllJl1ieni,
who shall be a qualified Engineer, having an administrative experience
and experieno0 of water supply and sewerage workil;
(c) a representative of the State Government from the Health and
Family W0lfare Department, not below the rank of Deputy Seo~~ tv
Qovarnment>, to be appointed by the State. Govem.meil.b1 f!JH)jficW,"
Ztkb~
Jm.Ont
of the
.... ~
Oonatltu.•, "·
tion of thi
Bo•fd. z-_,.
'
llf8 <l'UJ. aovir. GAZ., EX .• MAY 6, 11179/JYAISTRA 16, 11101 [PJ.RT IV
{d) a. representativ6 of the State Government from the Prui.oha.yats,
Hou.sing and Urban Developmonfl Departmenti or from the Planning De
pa.ttment, not below the rank of Deputy Secretary to GovernmenfJ, to be
appointed by the Sba.te Government, e'J:-officio;
(e) a representative of the State Government from the Fin.a.nee Depart
mon.t, not below the rank of a. Deputy Sooretary to Government, to be
appoin.ted by the State Government, e:e·of!WW;
(f) three members to be appointed by the State Government from amongdt
tile elected heads of the looal bodioo;
(g) four members to be appointed by tho Sta.to G-Overnment, who are
e«perts ia economic or development planning and enginooring.
(2) The names of the persons appointed as non-official members shall be
p•blished in the Official Gazette.
5. A person shall be diaqualified for being appointed or confiinuing &Ba
u•·offioia.l member, if ho -
(&) has been convicted. of an offence involving moral turpitude;
(b) is an. undisoharged insolvont;
(o) is of unsound mind and stands so deolared by t1. oomJ)6tent Court;
(d) holds, e:r:cept as provided in sections 6 and 7, any offioe of profit
oder the Board;
(e) has, direotly or indirectly by himself or by any partner, employer
or employee, any share or interest, whether pecuniary or of any other
nature, in any contraot or employment with, by OD on behalf of, the Board;
.,
(f) is a Director, Secretary, manager or other officer of any company,
whfilh has any share or intereafl in auy contraot or employment with, by or
on behalf of, the Board :
Provided that a person shall not be disqualified under clause (e) or clause (f)
by reason only of his or the company of whioh ho is a Director, Seoretary;
Manager or other officer having a sharo or interest in -
(i) My sale, purchase, lease or exchange of immovable property or any
agreement for the same;
(ii) any agreement foll loan of money or any soourity for paymenbJ i
moner only;
(iii) any newspaper in whioh any advertiisementi :relating to the affain
of the Board ·js published;
PUT IV J GUJ. GOVT. GAZ., EX., MAY 6, 1979/JYAISTRA 16, 1901
"'
(iv) the oooasional sale to the Boa.rd, upto a value not exoeeding OOn
thousand rupees in any one year, of any article in which he or the oompany
regularly trades.
6. (1) The Chairman, unless appointed ex·offi.oio, shall hold office for three
yea.rs:
Provided that his term of office may be determined earlier by the State
Government, by notification in the OfficWi Gaulle.
(2) The Membe:r-Sooretary shall hold office for such period as the State
Gove:rn.m.ent may by order specify.
(3) A person appointed as member under olause (f) of sub-seohion (1) of
section 4 shall hold office for three years:
Provided that, he shall cease to be a mombeJ.1----
(a) if he ceases to be the elected head of tho local body concerned, or
(b) if his term is dete-rruined earlier by the State Government by no'hi
fication in the Official GazeUe.
{4) A person appointed as member under olaUBe (g) of sub-soot.ion (1)
of seotion 4 ~ hold office for three years:
Provided that, hiB term of office may be determined earlier by the State
Gov6[J'.ll00nt by notification in the Officiai GcnetU.
(5) Tho members shall ho eligible for :reappointment.
{6) Any inember may at any time resign his office by writing under his
hand add.roa'*ld to the State Govemment, and on such resignation being
aoooptod, he shall be doomed to have vacated his office.
7, (1) The Chairman and tho Member-Socrota.ry shall be paid from the
Board Fund snob sala1y and allowances ai> may he fixed by t.he Stat,e
Government.
(.2) The other members of the Board shall be paid such allowances &B
may be fixed by the State Govornmant.
(3) If a.ny member is by infirmity or otherwise. rendered temporarily
incapable of canying out his duties or is absent on leave in oiroumstanoos
not involving the vacation of his appointment, the Stat,e Govenunont may
appoint another porson to officiate for him and to carry out his funotiona
under this Aot. .
\ I
.\ ·/s. (1) The Board mayJappoint such officers and servants as it oonsiden
nooeBMey' for the officiant perfoIIIl&lloe of its duties and discharge of its
functions against posts sanctioned by the State Government./ I\
(.2) The rooruitmont and the conditions of service of the officers and ser
vants of the Board shall be suoh as may be dotermined by regulations.
(3) The Board may, with the previoue approval of the appropriate Govern
ro61lt, appoint a Bel'Vant of the Central Government or the State Government
ae an employee of the Board on BUch tienns and oonditione as it thin.kB fit.
Term of
"'""" of m.e'f~·
0th~
provillou
regar<Ung
mombon.
Offioen and
eerTBntu
of th8
Board and
their
reGroitment
• •• oondition1
of eerv:ioe,
' .. .a11tlientl·
MtioJl of
o:ril.en ete.
of the
Boaid.
Aeeinan.M
of
GoYemmen•
offioere,
etc.
~,,
)•.'
Deleptie.
of pond.
: !l
j'
GUJ. GOVT. GAZ., EX., MAY 6, l!J79/JYAISTHA 16, 1901 [PJ.R'l' IV
(4} Subject to tho auperintendenoe of the Board, the Member-Seoretary
bh,lill bo the Chief Executive Officer of the Board who shall supervise and
control all its officers and servants including any officers of Government
appointed on deputation to the Board.
9. All proceedings of the Board shall be authonticat.€d by the signature
of the Chairman or pf any mom.her authorised by the Chairman and all
other orders and instruments of the Board shall be authenticated by the
e:ignattUe of the Member-Secretary or of any other officer of the Board aa
may be authorised in this behalf by regulations.
10. (1) The Board may invite any officer of Government or local body
or other person to attond its mooting for the purpo~e of assisting or advising
.it on any matter.
(2) Suoh officer or porson shall havo right to spoak in, and otherwi86
take part in the procoodinga of tho Board, but shall not bo entitled to vote.
11. Subject to the pi'ovisions of this Act, the Board may, by general
orspccialorder, delegate, either unconditionally or subject t,o such Conditions,
including the condition of rrviev,r by itsrlf, as n1ny be specifird in the
order. to any comrriittec aprointed by it or to the Chairn11,.n or the 1-lr m
be1-Sl'cretary or any other officrr of the Bolird fluch of its l'o"·er1<, dntits
and functions under this Act as it d('em;: fit, 11ot being its po"·' r1<, duti{ g
and function~ under sections 42, 17 aud 78.
12. (1) Auy member of the Board or of a conunittec appointed by 'h
B::iard \Vhc..-
(a) ha<; any share or interest of the nature deflcribed in clans<· (e) or
clause (f) of ;.:ection 5 in rl'spect of auy n1atter. or
(b) hafl acted professionally, in relation to any nu:ttcr on b, h~lf of any
person having therein any such share or intcr~·st as afore3aid,
shall not, not,vithstanding anyt.hing contained in th<> provi~0 to o ·'ion !i.
voW or takP part in any procreding~ (inclnd;ng: r.ny ,]is1~l\<8io11 n , y n
Jutinr orquestion) ofthe Board or conun:tt-eether\'ofr !:-ting .·h•·t
(2) If any member of the Board or of a Committee app 'intl'd by thr
Boa.rd has dire·ctly or indirectly any interest in any area in \Yhich it is
ptoposed to acquire land for any of the purposes of this Act, be shall not
take part in a:ny meeting of the Board or co1nmittee thereof in \Vhich any
matter relating to such land is coll8idered,
13) Xoth·ng in sub-sect.ion (1) or (2) shall pr.·Y' u: n y mo- t:le Ji,
B -d .r <Ommittte therr·of ff6in voting r111, or tak • g P"" th(' ·i~-
'· cus~ion of, any resolut.iori or question relating to any subj·('( .d11·1 1 h,.1,
· a SuHject re'fC:ffiid to iii. these sUl:l-s(lotions.
PART IV] GUJ. GOVT. GAZ., EX., li[AY 6, 1979/JYAISTHA 14'1, 1901
13. No act done OJ' r·roceedings taken under thii; Act by the Eoard
or a C'1n1n1it;tce appointed by the Board shall be invalidat<>d n1e.rcly C'Il the
ground of-
(a) f',ny vacancy of a mentb{'r or any defect in thr COnfltitution or rc
f',on~titution of the Board or a oon1n1ittee thC'r<of; o:r
(b) fl.ny defect or irregularity in the appoi11tn1c11t of f'. l)C'rson as a
meinber of the Board or of a conunitU>c thereof; or
(c) any tlcfect or irregularity in such act or procPedi11g8, not affecting
the substance.
14. The duties and functions of the Board shall be as followe, namely:-
(a) to prepare, execute, promote and finance the schemes for supply of
water and for sewerage and sewage disposal ;
(b) to render all necessary services in regard to water supply and S6Werage
to the State Government and local bodies and on request to private insti
tutions or individuals also ;
(c) to prepare draft State Plans for water supply, sewerage and drainage
on the directions of tho State Government ;
(d) to review and adviso on tho tariff, taxes, fees, and ohargos of watel'
supply and sewerage gystems, in tho areas comprised within tho sphere of
operation of the water supply and sewerage services of the Eoard and in
the areas of the local bodies which have entered into an agreement wit4
the Board ;
(e) toassessthcrequirementsofmatcrials and arrange for their procure
ment and utilisation;
(f) to establish State standards for water supply and sewerage servioea;
(g) to review annually the technical, financial, economic and other aspects
of water rnpply and sewerage system of every scheme of the Eoard or the
looal bodies which have entered into an agreement with the Board;
(h) to sstablish and maintain a facility to review and apprise the tech
nical, financial, economic and other pertinent aspeots of every water supply
and sewerage scheme in the State ;
(i) t-o oporate, run and maintain any water works and eew_era_ge system;
if and when directed by the State Government, on such terms and condit.icns
and for such period as may be specified by the Stato Government;
(j) to assess the requirements for man-power and training in relation to
water supply and sewerage services in the State ;
(k) tooarryoutappliedrosearchforeffieient discharge of the dubies and
functions of the Board
IV-
Aet.e 110\
"' bo invelidaOOd
by
vaeaney,
informality
ato,
Dntiea and
funotlon• of
the Board,
Powora of
t.ho
Doard,
142 GUJ. GOVT. GAZ., EX., :M'.AY 6, 1979/JYAISTIIA 16, 1901 [PART IV
(I) to perform· suoh of the duties and funetiona, whioh ire being per
formed by the Gujarat PubliG Health Engineering Service, as may be specified,
from time to time, by the State Government;
(m) to perform and llischarge suoh other duties and fnnotions as are allo
tted to theBoardunderotherprovisions ofthisAcb or as may he entrusted
to it by the State Government.
15. (1) The Board shall, subjeot to the other provisions of this Aet, have
power to do anything which n1ay be neocs~ary or expedient for performing its
duties and disoharging its functions under this Aot.
(2) 'Vithout projudioe to the generality of tho foregoing provisions, suoh
powera shall include tho power-
(a) to inspollt all water supply and sewerage faciliticH in tho State by
\Vhomsoevor they aro opel'atcd;
(b) to obtain such periodill or specific infor1nation fron1 any local
body and operating agenoy as tho Board may deen1 nece.<1sary ;
(c) to provide training for its own personnel as well as for e1nployees
of tho local bodies ;
(d) to prepare and carry out sohomos for water supply and sewerage;
(o) to lay down the sohedule of fees and other ohargos for all kinds of
services rendered by the Board to the State Gover1unont, local bodies,
institutions or individuals ;
(f) to enter into Gontraob or agrce1nenb with any person or persons
as tho Board may deem necessary, for pcfor1ning its dutie.s and discha
rging its functions under this Act ; r
(g) to adopt its own. budget annually ;
(h) to approve tariffs for water supply and sewerage services applioa
ble to the aroas co1nprised within the sphere of operation of suoh
servioes of the Board ; and within the jurisdiction of such local bodies
as have entered into an agreement wiih the Board ;
(i) to manage all its affairs so as to provide tho people of tho area
within its jurisdiotion. \vibh wholesome water and, whoro feasible,
efficient sewerage service ;
(j) to take such other mea.sures, M may bo necessary, to ensure water
supply in time.<1 of any emergency ;
(k) to acquire, posso.ss and hold lands and other property and ~
carry any water or se\vcrage works through, across, over ov under
any highway, road, stroeb, or place and after reasonable notille in writing
to the owner or OOllupier, into, through, over or under any building
or land;
~ - .
i'.i.RT IV] QUJ. QOVT. GAZ., E:X., Ji[AY 6, 1979/JYAISTHA 16, 1001 14'
(1) to abstraot water from auy natural source and dispose of waste
water;
(m) to raise, borrow or seoure money on such terms and conditions
as 1uay be expedient, and in partioular by way of loarn and advances,
deposits and issue of debentures aud obtain subventions or mortgages
from public iJJ.s.titutions like the Life lnsuranoe Corporation of India,
Banks and any international organisations or from the State and Central
Goverumont, for drinking water supply and sewerage sohomes or any
other schemes for iiuprovement of sanitation ;
(n) to receive grants from the State Government, the Central
Governmont and the local bodios for water supply and sewerage or any
other sanitation improvement sohomes;
(o) to repay instalment.'! of loans and pay interest on the principal
thereof to the lenders as per mutuslly agreed terms and conditions ;
(p) to advance loans to the local bodies or Government for their
water supply and sewerage aohemes on such term.a and conditions as
may be specified by the Board ;
(q) to recover from the local hodi.68 or Goven1ment principal and
interest thereon in rospoot of loans adva.nood to them by the Board ;
(r) to in,our such expenditure as the_ Board n1a.y doon1 necessary for
performing its dutios and functions under this Act I
(s) to exercIBe auch ot.her poweTI!I as are conferred on the Board
under other provisions of this Act.
16. (1) Not,vitl1StandiJig anything contained in any ot-her 111.w for tho
time being in force, tho Board may give such dirootiona to MY local
body, with regard to t.he i1nple_mente.tion of any water aupply or sewe
rage sch6me financed by it Under clause (a) of section 14, as it thinks
fit, and such body shall be bound to comply with such dirootions,
(2) In case any local body ia aggrieved by any such directions or
experiences any difficulty in complying with the same, it shall refer t.ho
matter to the State Govorn1nent, whose dooision thereon shall ho final.
(3) The Board shall have po,vor to nail for any return, r.tatement of
accounts, report, statistics or other information from any local body or
other body or individual, which is required by it for tho exeroise of its
powers and porfol'manc6 and discharge of its duties and functions under
this Aot, and such body or individual sha_ll ho bowid to furnish such
W'onnation.
17. 'fho Board may include in the cost of any scheme or work
the execution or further exeoution whereof is undertaken llllder clauso (a)
of section 14, supervision and cent.age charges at suoh rate, not e:xoood
ing suoh limit as may be proscribed, as it may determine under clauBC
(e) of sub-section (2) of section 115.
Po ... ers 0£
tho
Bor.rd to
glvt1
directions
&nd to call
for roturnB,
repori.,
'"·
Supervision
••• centago
ChBl'iei,
Vee~ing
•nd
transfer of
property to
tho
Boa.rd.
Docision of
tha 8ta.te
Govatn·
ment on
tho
vosting of
propert:r to
ba final.
Transfer of
Govsrnment
emp1oyoos
to thu
Boarrl.
1'4 GUJ. GOVT. GAZ., EX., MAY 6, 1979/JYAISTHA 16, lllOI [P.ol!.T IV
CHAPTER III
'fRANSFER OP ASSETS, LJABILITIES AND EMPLOYBBS OF TIIB GUJARAT PUBUC
HEALTH Eti:GlNEERJNG SERVICI! TO THE B04Rl).
18. (1) From such different dates as :m&y be specified, from time to
time by the State Government (hereinafter in this sootion referred to aa
"tho appoinWd date"),~
(a} the propertios and assets (including water worka, buildings,
laboratories, storos, vehiclos, fW'nitures and other furnishings) specified
in that behalf, which immediately before the appointed date were
vested in the State Gover.ument for the purposes of th0 Gujarat Publio
Health Enginooring Service, shall vest in ancl stand transferred to
the Board; and
(b) the rights, liabilities and obligations of the State Government, whe·
ther arising out of 'IJ.ny contract or otherwise, pertaining to the said Ser·
vice, shall be the rights, liabilities and obligation .. '> of the Board.
(2) Such propertie~, assets, rights, liabilitios and obligations shall be valued
in auoh manner as the State Government may determine.
(3) Where immediately before tho appointed date the State Government is
a party to any legal proceedings with respect to any properties and assets
transferred to the Board under clause (a) of sub-section {J) or with respect to
any of the rights, liabilities or obligations which have become the rights, liabi~
lities or obligations of the Board, under clause (b) of sub-section {1), tho Board
shall be deemed to be substituted for the State Government as a party to
thosa proceedings and the proceedings shall continue accordingly.
19. 'Vhero any doubt or dispute arises as to whother any property or asset
has vested in the Board under section 18 or any rights, liabilities or obligations
have become the rights, liabilities and obligationg of the Board under that seption,
such doubt or disptite shall be referrocl to tha State Govarnmont, whose deoi·
sion shall be final.
20. (1) Ou 'IJ.nd aftor the establish1nent of the Board, the State Government
1nay, fro1n ti1ne to time, diroct that the services of such of the existing officers
and servants of the State Government in tho Gujarat Public Health Engineer~
ing Service, who in its opinion, are rendered surplus to its requirements, shall
stand terminated and their posts shall stand abolished, from such date as may
ho specified by it {hereinafter in this section referred to as "the appointed
date") and shall ou that date (which 1nay be difforont for different officers
and servants) becoine the officers or servants of the Board.
(2) Every permanent or temporary employee of the Gujarat Public Health
Nugineering Service in respect of whom a direction is issued under sub·sootiou
(1) shall, on and from the appointed date, be a permanent or temporary emplo
yee of the Board, as the case may be, against a permanent or temporary post,
which shall stand oreated in the establishment of the Board with effect from
tho appointed date.
XIV
of
1947.
PART IV 1 GUJ, GOVT. GAZ., EX,, MAY 61 1979/JYA.ISTiJA 111, Itol 141>
(3) Any offi.oer or servant so transferred shall hold his office under tha Board
on the same tenure, remuneration and other oonditions of servioe and with the
sam.e right.a and privileges as to pension, gratuity, provident fund and other
matters as he would have hold on the appointed date if this Aot had not come
into foroo, until his employment under tho Board is duly terminated or his
remuneration or other conditions of serviae are duly revised or altered by the
Board in pur~uance of the law whioh for tho time being governs his oonditi
ons of service:
Provided that., the conditions of ~.crv1C1.· applicablo.:: immediately before the
appointed date to the case of any such officer or i;ervant shall not be
varied to his disadvantage, except with the previous approval of the State
Government.
(4) Any service rendered by such Government !'ervants und< r the State
Government shall be deemed to be service rendered under the Board.
(5) 'l'he snIUfl slanding to the credit 0f the (;lllployees rrff i'ted to in
sub-secl,ion {1) in any pension, grc::tulty, pro..,-ident fund or otht r like· fui,d11
constituted for them sh<>ll be t.ransfPJT( d bv th(- Stat(· Goven;m• r,1 I(• thl
Board nlong ·with nny accumulnted interesi: due till the apl'l,11.t• c c. t-e
and \vith the accounts relating to such funds.
(6) On and after the appointed date, the Board shall, to th(: ~'xclu~ion
of the State Government, be liable for pr1.y·n1ent of p0nsio11, provic.ent fund,
gratuity or other like stuns as n1ay be payabh- lo crupk1y<(·~ rtf• L'l"•(' 1,. in
sub-section (1) at th1.; appropriatt tin1e i11 f!Ccordance with tht· conLit1ons
of th!'ir serYice.
(7) Not\Vithstanding anyt.hing contained in tho Industrial Disputes Aot,
1947, or in any other la'v for the time being in force, the transfer of services
of any employee to the Board under sub-seotion (1) shall not entitle any
suoh employee to any compensation u11de1 that Act or such other law and
no such olai1u shall be enttni<nntd h)' any Court, tribunal or authority.
(8) (a) Nothing contained in sub-section (1) shall apply W any employee
'Yho by notico in 'vriting given to the State Government within two months
from tho appointed date or such extended time as the State Govern
ment may, by general or special order, specify, intimates his intention of
not becoming or continuing as an employee of the Board.
(b) Where such notice is received frotn any employee-
{i) in ca so of a permanent employee, ho shall ho allowed to retire
giving him the benefit of pcMion, gratuity, provident fund and otlwt
benefits accrued to him bad he retired from the Government servioo ou
tho appointed dato ;
(ii) in case of a temporary employee, his services shall stand teimi
nated after giving him notice or remune1ation in lieu of notice as per
tho existing servioo rules of tho State Government.
7.nfni of
zi8tlq _ ...
11ppl7
"" ........ .,,, .. . ... .......
auj. GOVT. GAZ., EX., )tAY 6, l9711/JYAISTHA lO, 1901 [ PAil'f IV
(9) Not,vithstanding anything contained in the foregoillg sub-l'ectioui;-
(a) no pcro.on e1nploycd in the Gujarat Public Ife:alth Engineering
Service to '\'ho1n any notice or ord"r of termination of his ~ervicea or
oompul;;ory r-•tiren1cnt has been is.~ucd before the date of con11nencc1ncr,t
of this Act sha.Il be transferred to the Bor,rd ;
(b) the transfer of a person en1ployed as aforr~uid against l\'hc1n P"11y
d1sciplinf\ry proceeding i,; pending sliall initially be proYisional nnd the
Stai..c Gvv<\rl\mcnt ~111111 rt·viclv snch tr11n4er afttl th<' final order aH a
result of such disciplinary Jirocecding is passed a1~d therrafl er pass in1ch
order as may appear to it to be appropriate in t-J1c circurn.~tances of the
case;
(c) t.Jic disciplinary or ot.her action in re lat.ion to any person rcferrt d
to in chn1~c (a) or claudr (b) 1nay be taken after the date Illl~ntioned in
clause (a) in .;ttch 1ua1111llr and by such authority as t.]\f_' Stat.c Govcr11n1rnt
1111;y by gt:n-·r.11 or .~pecial order s1H·cify in t-hi~ bel1n!f;
(d} if the servioeg of any employee of the State Government stand
h:ansferred under sub-seotion (1) or sub-sootion (2) to the Board, the
Board shall be competent after such transfer to take suoh disoiplinary or
other aotion ag it thinks fit against or in respeot of suoh employee having
regard to any aot or omission or 1,1onduct or record of such employee
while he was in service of the Sta.to Government.
(10) (a) For the purpose of enabling the Board to discharge its funotiona
&».d duties uuder thiii Act, it shall ho la\vful for the State Government to
direct, by a general or special order, that suoh of offioori! of the State Go
vernment shall be poated under the Board for such period and oubjeot to
suoh conditions as may bo specified in the order and accordingly tho officer~
specified in the order shall be posted under the Board.
(b) Tho pay and allowances of any officer posted in accordance with
clause (a) under tho Board shall, during tho poriod of posting, bo paid by
tho Board fronl its fund.
CHAP"l'EH IV
TAKING OVER OF WA.TE& SUI>PLY AND SEWERAGE SERVICES FROM LOCAL BODY
BY BOARD.
21. (1) Notwithstanding anything contained in any law for the hln1e
being in foroe, tho Board may at any time with tho previous approval
of the State Government, take ovor any existing water supply and sewerage
servicea from any local body for operation, and for maintcnanoe, augmen~
bation or improvement and in suoh oaaes-
(a) all the existing water supply and sewerage services, sewage wo1b
and sewage 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 buildiuga, lauds and
0:ther works, materials, stores and things appert·1ining tihereto, belonging
to ur vested in thati looal body ;
PART IV] ({UJ. 00\'T. GAZ., EX., MAY fl, 1979/JYAISTHA.' lfl, 1901 147
(b) 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 maintainiug, any such water mains and sewers or
any pipes and other appliances and fittings connected with suoh water
supply and sewerage services and sewage works and sewage farm.a ; and
(c) all rights, liabilities aud obligations of such local body relating to
the things mentioned in clauses, (a) and (b), including the right to recover
any cost or fees or charges relating to water supply and sewerage ser
vices and also including liabilities arising from any loans advanced by
Government or any other person to tho said loco.1 body for the things
afore.'laid, other than loans diverted to or utilised for purposes other than
those referred to in clauses ((L) and (b),
shall, on such date a.s n1ay be specified by the State Govern1nent in
the notification, stand transfel'rcd to and vested in the Board and be
subject to its control.
(2) Suoh properties, assets, rights, liabilities and obligatioll,.'1 shall be
valued in such n1auuer as the St.ate Govcrn1uent may deter1uine.
(3) Where any doubt or dispute arises as to whether any property or
asset has vested in the Board under sub-section(l) or any rights, liabilities,
or obligations hn.ve become the right.'l, liabilities or obligations of tho Board
under this section, suoh doubt or dispute shall be referred to the State
Government, whose decision shall be final and binding on the Board and the
looal body concerned.
(4) F.lr taking over nny propcrt.ies ol' ~'ssrts nf the \cci~l body, the
_Boarrl-~hr,\l pa~·tothat borly such :\JHount and on such tern1~ n.1Hl conditions
rr'I 1nay h:• 1n11tually r,g"!'rtl t1pon. In the nbst•ncc of rny 'lUCh •~grcc·mcnt,
th" s~;1tc GoVCl'lllil"l!t sh~d\ lk·1'c1·1ni11l' the tllllr•Ullt tv hL pnirl to the local
ho1ly Ol\ thi_• ]J,._,j; or th~ Yn]n:1Jio11 !ll»dC 1111.-l<'J' sn\J-~(Cj;()Jl (2) n11fl 1,fter
tri.king int.() ('.Jll->h\1-r;11-ion t.h<' ,,p·tuloi·y d,1\y Pl' tlu· lrcid horl~- tu provide
'vatr1 supply :\nd s·,".V·'I'>\~·' ""rvir"R, 1-h" grants r,-rPiYtd by th\• lc('rJ b(ody
fro1n tint; to (.int~, thr out~tr>,nrling lu:•,n lii\bilities oft he leer.I lJcdy gnd-~nch
oth··r l'"l<_•vn.nt: fgctor.~. The d•_'C'i~·lon ofthr St11t0 Go\·cr111n0nt shall br final
11nd hin(li11g on the pflrti0~.
(Ii) Xo;,.,[th1t.:~-ntling nnyihing contc".ii:rtl i11 ~ub---"etioi1 (4) the tunount
pay;1.hle hy t.hr_· B:ir,nl to the locn.l body under th!'-l· fl11b-srction n1ny, rt the
option of th<: B0rird, he trc~•trd, \V}1olly or _partly, to br t.hc grr:.1:\-of loan to
the Board on such t-cnn<; and conditioE~ as the Statr Govern1nl·nt may
specify.
22. In respect of \Vatcr works taken ovC'r from a local body by the
B'1ar<l, all d"hl~ a:Hl oblig,iti-Jnfl incnrr<'d, nil contractfl C·ntl'red i11to, rll
1n'\tter~ and thing~ engag•'rl t0 be done by, ·with 01· for any locpJ bcdy
prior tn taking O\'<•r th-~ \Vat.rr \\'1lrk~ by the Board shall be dcc1nod to have
been incurred, entrr0d int.D or Pngag,•d to be done hy, V>'ithor for the Boa.rd
and all suit~ or other IC'gal proe<'e(lings i11st.ituted or which might, but for
t~,\nsfcr and vesting undrr sub-<,>t·ct;ion (1) ofr;ection 21, ha'iC beC'n instit-uted,
or defendl'rl by or ag;1inr;t. th0 local body, n1f!.y be continued 01 institutC'd or
defended by or agai11st tl.e Board.
,, .-
--,,
Doan! t.o
-888Urin:i
oblig11tion1
in resp1.10•
of matt.ors
io which
this Aot
applies for
water
works
taken over
from looaJ
bod!<• ..
Takhi1
OTtd' Of _,...., ........ men\ of
......
workl or
M-1Y9\e1D of ..... ....,.., .......
Power of
local body
~ ontl'Q8'
.......
•• , .,yriem
for main·
-·" ••• oporaUon.
·! '. / lnTMilp
tiOD and
prOparatlon.
"'
GUJ, GOVT. GAZ.1 EX.1 MAY 61 1979/JYAISTHA 161 1901 [PAB'r IV
23. (1) Notw,;t.h~:,:udirg: al!ytlt ng C'oJ1ta:ned in scr.tio1, 21 or in the
r \, va1,t loc,•.I hUth<Jrity [;,\\' for the time b1·ing in fcrcl', \Vhcrc> the St-&te
Govrrr;m;0nt is of opinion, iJJ the ca'le of any ·wnter works or S{-'\\'t·r11.gc system
operated and run by fl local body in ;iny arc:- thr.t th{' opl·r?ticn rnd manage
ment thereof should in public intrrest be taken over by thr Bor.rd for a
t.<"mp:ir:\ry p1:riod the State Govcrunu::nt n1ay Uy notificntion in the OffWial
Gazette, direct t.h(• Bot1rd l<J IP.kl· ovf'r for the purriosc of opcrv.tion and
IIDl.nag•-ment such water works or sc-wcrage syste1n for such period not excec
diug five years in th0 first infltauce, nnd 011 such terms and conditious as
may be specified by the State GovC"rnment in ~uch notification and thereupon
thl' local body concerned shall trAnsfer such works or system to the Board and
the Bar.rd Rhi!.ll tak•· over fro1n thC' lOl'P.I body i;uch 'vorks or system for t.he
aforrsaid purposC' e.nd for 1-hc pe1·iod and on the tcrrns and conditions as
aforc.~aid.
12) I· shall b(• lawfnl f01 thr State Government to extend from tin1c t;,
tin1.o th'' p~·rit1d sp ·cifi~~d for th'' purpose of sub-~ect.ion {1) in thl· case of any
water 'vorks or sew0rage systen1 so however that such i101iod in the aggregate
does not exceed ten years.
(3) Tho terms and conditions to be specified under sub-sect.ion (1) may
also iuclude the terms and conditions relating to the restoration of the posse8Sio11
of the water works or sew(' rage systc1n so t!lken over to the local body on the
trnuin!\tion ofthr pe1iofl Specific·d u1irlcrsub-f:rction (1)orthc prriodas f'Xtcndcd
und; 1 sub-8t'Ction {2).
(4) The taking over of n11y \Vfltt'r \Vorkc; or Sc'V.'l'ti'gc sy~!<"m by the
B. ·.rd u>·d r ;uh-,rc<-i ,. (1) , il •hr r!'~'-r•11't;(>J, t],,-rr·rf to tll'· ],·rr I bcdy1111d<r
~uU-'l·'C j . .,. {3) -,h.Jl ui,r pr•jud.ec l~11y right~ in r(sp•,•ct pf ~uch \Y~rkfl or
systi,m \vhich any oth<"-r person m"'y bP entitled by duo process of law to
enforce against the local body or thr Board, as the case ma)' be,
24. Notwithstandiug any~hing contained in the relevant local authority law
for the time bf'ing in force, it ~hi!.ll b•· lawful for nny local b0d3'to f'ntn1st to
the Baa rd, for the purpose of mr,l11t.rn8nCC', OJ_lPrl'.tio11 ?.nd ru1! n ir1g. r_ny water
supplyseheme or S(',V!·ragr' sy~t··m wh01ly or r1:rtl3', npr•P ~nch t. 1•ms i;nd colldi
tions a.s :may br n111t.ually l'.grP""rl 11po:i.
CHAPTER V.
INVESTIGATION, PREPARATION AND EXECUTION OF 8CHE:P.IES BY THE BOARD.
25. (1) The Board may, at tho request of a local body, iuvostigate the
nature and type of a scheme that such local body may like to be undertaken
by the Board for providing water-supply and sewerage facilities in any area,
having regard to the economical and other local condition~ of such area in
all their aapeots, undertiako survoy of such area and decide upon tho feasi
bility of preparing or implomonting suoh scheme.
{2) Al3 soon as the investigation undoriaken by the Board is oomploted
with reapeot to any area and tho Board considers it feasible to prepare or
hnplement the soheme, it shall give intimation of its decision to undertake
suoh soheme to the looa.1 body under whose jurisdio~iou suoh area falls and
PA.BT IV] GUJ. GOVT, GAZ., EX., MAY O, 1979/JYATSTRA IO, 1901
"'
preparn a preliminary scheme stating therein an estimate of the expenditure
that is likely to be inQ.urred in regard to the ooheme and also the other salient
features thereof.
(3) The Board shall also prepare a detailed phased programme in the
manner prescribed for the execution of the scheme and work out priorities
with tho approval of the Government, -- .- ~ . __
W Aftor the prioJieies ~v8"1reen worke~t a~·appr~ by the State
Government, the,..BOa.rd""'Shall prepare a dra~e-ioii'Sistent therewith:} .- r
/ (5) The Board shall, in a meeting oonvened for the purpose, examine the
draft scheme in all its aspects. A representative of the local body concerned
in the scheme, shall be invited to attend suoh meeting. Ee.oh suoh person
may participate in the discussion and express his opinion about any aspect
of the soheme. ·
(6) If the Board on a detailed examination is satisfied a.bout the feasi·
bility of the draft s~e, it shall forward the same to the State Government
__ for approval. / &' .
9 / 26. As soon as may be after the submission of the draft scheme under
sub-section (6) of section 20, the State Government shall within suoh time
as may be prescribed, either approve the draft scheme1 or approve it with
such modifications as it 1nay consider necessary or return the same to the
Board with directions to modify· it or to prepare a :fresh draft scheme in
e.ocordanoe with such directions and the Board shall aooordingly modify or
prepare a fresh draft scheme, as the case ~y be, a.nil resubmit it to the State
Govemment for approval. _.....----------, _'__/
21. (1) The State Government n1ay by an order, accord its approval
to the draft scheme.
(2) An order iss11ed under sub-section (1) shall be conclusive cvidence
that the Excerpt shown. Open the full act in Lexace.