LexThe BANGALORE WATER SUPPLY AND SEWERAGE ACT, 1964
Karnataka · state statute
Open in Lexace · Ask the AI about this actTHE BANGALORE WATER SUPPLY AND SEWERAGE ACT, 1964
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections :
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT OF THE BOARD
3. Constitution and composition of the Bangalore Water Supply and Sewerage Board.
4. Term of office and conditions for re-appointment of members of Board.
5. Disqualification for becoming a member of the Board.
6. Removal or suspension of members.
7. Power of State Government to declare certain transactions void.
8. Temporary absence of members.
9. Incorporation.
10. Authentication of orders and other instruments of the Board.
11. Meetings of the Board.
12. Appointment of staff.
13. Appointment of consultants.
14. Consultative Committee.
15. General duties of the Board.
CHAPTER III
THE BOARD’S FINANCE, ACCOUNTS AND AUDIT
16. General principles for Board’s finance.
17. Annual financial statement.
18. Restriction on unbudgeted expenditure.
19. Subventions to the Board.
20. Loans to the Board.
21. Power of Board to borrow.
22. Guarantee of loans.
23. Omitted.
24. Depreciation reserve.
24A. Improvement reserve.
24B. Payment of interest to Government.
25. Accounts and audit.
CHAPTER IV
WATER SUPPLY
26. Vesting of works in Board.
27. Construction of water works.
28. Trespass on water supply premises.
29. Prohibition of building over water mains.
30. Control over house connections.
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31. Payment to be made for water supplied.
32. Private water supply for domestic consumption.
33. Supply of water for domestic purpose not to include any supply for certain specifi ed
purposes.
34. Water supply for domestic purposes not to be used for non-domestic purposes.
35. Power to supply water for non-domestic purposes.
36. Supply of water to the Bruhat Bangalore Mahanagara Palike and other local authorities.
37. Use of water for extinguishing fire.
38. Public water supply.
39. Power to lay mains.
40. Power to lay service pipes, etc.
41. Provision of fire hydrants.
42. Power to require owners of premises to set up pumps, etc.
43. Supply of water.
44. Laying of supply pipes, etc.
45. Power to require separate service pipes.
46. Stopcocks.
47. Power to provide meters.
48. Presumption as to correctness of meters.
49. Prohibition of waste or misuse of water.
50. Power to enter premises to detect waste or misuse of water.
51. Power to test water fittings.
52. Water pipes, etc., not to be placed where water will be polluted.
53. Power to cut off water supply.
54. Joint and several liability of owners and occupiers for offence in relation to water supply.
55. Non-liability of Board when supply reduced or not made in certain cases.
56. Rights of user of conduits, lines, etc.
57. Power of owner of premises to place pipes through land belonging to other persons.
58. Power to execute work after giving notice to the person liable.
59. Work to be done by licensed plumber.
60. Prohibition of certain acts.
61. Regulations regarding water supply.
61A. Bye-laws regarding water supply.
62. Punishment for certain offences.
CHAPTER V
SEWERS AND SEWERAGE
63. Vesting of sewers, etc., in Board.
64. Control of sewers and sewage disposal works.
65. Certain matters not to be passed into Board sewers.
66. Application by owners and occupiers to drain into Board sewers.
67. Drainage of undrained premises.
68. New premises not to be erected without drains.
69. Power to drain group or block premises by combined operations.
70. Power of Board to close or limit the use of private drains in certain cases.
71. Use of drain by a person other than the owners.
72. Sewage and rain water drains to be distinct.
72A.Obligation to provide rain water harvesting structure
73. Power to require owner to carry out certain works for satisfactory drainage.
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74. Appointment of places for the emptying of sewers and disposal of sewage.
75. Connection with sewers not to be made without permission.
76. Buildings and private streets not to be erected or constructed over sewers without
permission.
77. Rights of user of property for sewers.
78. Power of owner of premises to lay sewer through land belonging to other persons.
79. Power to execute work after giving notice to the person liable.
80. Power to affix shafts, etc., for ventilation of sewer or cesspool.
81. Power to examine and test sewers, etc., believed to be defective.
82. Work to be done by licensed plumber.
83. Prohibition of certain acts.
84. Regulations regarding sewerage.
84A. Bye-laws regarding sewerage.
85. Punishment for certain offences.
CHAPTER VI
MISCELLANEOUS
86. Annual reports, statistics and returns.
87. Power to make rules.
88. Regulations.
89. Directions by the State Government.
89A. Collection of capital contribution from the beneficiary or borrowing loan etc., in
respect of any project
90. Licenses and written permissions.
91. Powers of entry and inspection.
92. Power to enter land adjoining land in relation to any work.
93. Breaking into buildings.
94. Time of making entry.
95. Consent ordinarily to be obtained.
96. Regard to be had to social or religious usages.
97. Prohibition or obstruction or molestation in execution of work.
98. Notices, etc., to fix reasonable time.
99. Signature on notices, etc., may be stamped.
100. Notices, etc., by whom to be served or issued.
101. Service of notices, etc.
102. Service of bills for charges or notice of demand by ordinary posts.
103. Power in case of non-compliance with notice, etc.
104. Liability of occupier to pay in default of owner.
105. Execution of work by occupier in default of owner and deduction of expenses from rent.
106. Relief to agent and trustees.
107. Compensation to be paid by offenders for damage caused by them.
108. Mode of recovery of dues.
109. General penalty.
109A. Penalty of pro-rata charges for unauthorized connections.
110. Offences by companies.
111. Prosecutions.
112. Composition of offences.
113. Arrest of offenders.
114. Duties of police officers and employees of the Corporation.
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115. Validity of notices and other documents.
116. Admissibility of document or entry as evidence.
117. Evidence of officers of Board.
118. Delegation of powers.
119. Chief Controlling Authority.
120. Appeals.
121. Revision.
122. Rules and regulations to be laid before State Legislature, etc.
123. Provisions as to employees of the Bruhat Ban galore Mahanagara Palike employed in
connection with water supply or sewerage undertakings.
124. Members, officers and servants of the Board to be public servants.
125. Protection of action of the Board, etc.
126. Notice to be given of suits.
127. Continuation of appointments, notifications, rules, bye-laws, etc.
128. Amendment of Mysore Act LXIX of 1949.
129. Orders for bringing this Act into force.
SCHEDULE.
Summary of Amendments
* * * *
STATEMENTS OF OBJECTS AND REASONS
I
Act 36 of 1964. —At pr esent the Head -works and the Rising Main of the Bangalore Water
Supply Scheme are under the control of Government while the distribution of water is under the
control of the Bangalore Municipal Corporation. The present water supply being inadequate,
Government have sanctioned the Cauvery Water Supply Scheme at an estimated cost of Rs. 26
crores. It will be necessary to change the present distribution system wherever necessary to suit
the proposed water supply. As the supply of water from the new scheme will be adequate, it will
be necessary to improve the present underground drainage system to make use of the water to
the maximum extent. It is, therefore, necessary to entrust the administration of water supply and
sewerage to the same Authority. The World Ba nk Authorities who will be financing the Water
Supply Scheme have desired that the administration of both the Water Supply and Drainage in
Bangalore be entrusted to an independent and autonomous body. The proposed Board will be
solely in charge of the Wate r Supply and Underground drainage in Bangalore. The present Bill
provides for constitution of Water Supply and Sewerage Board for Bangalore.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated 25th June 1964 as No.
166 at page. 86.)
II
Amending Act 6 of 1966. —At present the Bangalore Water Supply and Sewerage Board
maintains the water supply and sewerage system in Bangalore and it will shortly embark upon
large scale developments in connection with the long range Water Supply and Sewerage Project
involving very heavy financial commitments. In order to effectively carry out the functions and
responsibilities entrusted to it, the Board will have to be given a larger measures of autonomy
than is now contemplated by the Bangalore Water Supply a nd Sewerage Act, 1964. It is also
considered that the accounting system of the Board should be based on commercial principles in
order to provide information required by an undertaking of this character, with provision for
depreciation as a charge against revenues every year. Statutory provision is necessary to enable
the Board to pay to Government interest on the value of the assets transferred to it by the
Government. Certain other minor amendments to improve the working of the Board are also
found desirable.
Hence this Bill.
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(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated 12th October 1965 as
No. 192A at page. 14.)
III
Amending Act 10 of 1966. —It is considered necessary to amend the Bruhat Bangalore
Mahanagara Municipal Bruhat Bangal ore Mahanagara Palike Act, 1949, in certain respects, in
order to afford more amenities to the public, to augment the resources of the corporation and to
streamline the administration of the Bruhat Bangalore Mahanagara Palike by avoiding delays.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated 23rd February 1966 as
No. 30 at page. 18.)
IV
Amending Act 18 of 1984. —The Public Accounts Committee has suggested that in order to
have better financial control and with a view to further streamline its accounts procedures, the
audit of the Bangalore Water Supply and Sewerage Board could be entrusted to the Comptroller
and Auditor General of India, Accordingly section 25 of the Bangalore Water Supply and
Sewerage Board Act is proposed to be amended, empowering Government to appoint auditors of
its choice.
Section 32 of the Act provides for supply of water for domestic purposes. Section 33 specifies
that the supply of water for flushing latrines or drains and for all baths other th an swimming baths
or public baths shall be deemed to include the supply of water for domestic purposes. Section 35
provides for supply of water for non-domestic purposes. The water that is being supplied to hotels
in Bangalore City are charged at the rates prescribed for non -domestic purposes. Hence in writ
petitions Nos. 6160 of 1974 and others filed by some hotels, the Hon’ble High Court of Karnataka
had directed the Board to determine the percentage of water utilised for domestic and non -
domestic purpose s respectively, in respect of each of the petitioners’ establishments from the
date of the writ petition. Since the hotels are being run on commercial lines, it is necessary that
the entire water supply should be charged at the non -domestic rates and to va lidate the
collections already made at these rates.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated 18th January 1984 as
No. 48 at page. 4.)
V
Amending Act 19 of 2009. — It is considered necessary to provide for makin g it
mandatory to build rainwater harvesting structure by households in order to preserve the
groundwater by amending the Bangalore Water Supply and Sewerage Act, 1964.
Hence the Bill.
(LA Bill No.27 of 2009, File No. DPAL 6 Shasana 2009)
[Entry 5 and 17 of List II of the Seventh Schedule to the Constitution of India.]
VI
Amending Act 15 of 2010. - A Committee constituted under the chairmanship of the Chief
Engineer (retired) reviewed the provisions of the Bangalore Water Supply and Sewerage Board
Act, 1 964 and the provisions of the Water Supply and Sewerage Acts of several cities viz.,
Chennai, Hyderabad and Delhi with a view to adopt best practices useful to the Board and has
made certain recommendations. Considering those recommendations it is consider ed necessary
to amend the Bangalore Water Supply and Sewerage Board Act, 1964 to provide for, -
(a) extension of the provisions of the Act to whole of the Bruhat Bangalore Mahanagara
Palike area;
(b) enhancement of the maximum number of members of the Board to nine;
(c) empowering the Board to insist on owners or occupiers to adopt water conservation
methods like rain water harvesting and recycling of waste water for non -potable or
potable purpose;
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(d) enhancement of penalties on various offences punishable under
this Act;
(e) acquisition of land for the purposes of the Board; and
(f) certain consequential amendments;
Opportunity is also taken to amend,-
(i) the Karnataka Municipal Corporations Act, 1976 to exempt property taxes on
buildings of the Board; and
(ii) the Karnataka Ground Water (Regulation for protection of sources of drinking
water) Act, 1999 to appoint an officer not below the rank of Assistant
Commissioner belonging to the Bangalore Water Supply and Sewerage Board in
respect of Bangalore and an off icer of KUWSS Board in respect of areas falling
under other Municipal Corporations and Municipal Council to act as appropriate
authority under the said Act.
Hence, the Bill.
[L.A. Bill No. 42 of 2009, File No. DPAL 32 Shasana 2009]
[Entry 32 of List II of the Seventh Schedule to the Constitution of India.]
VII
Amending Act 32 of 2010. - In Government Order No.UDD 27 MNI 2000, dated:26 -12-
2003, Water Supply and Sewerage Project was sanctioned for implementation in seven city
municipal councils of Bommana halli, Byatarayanapura, K.R.Puram, Mahadevapura,
Rajarajeshwari Nagara, Dasarahalli, Yelahanka and one town municipal council of Kengeri of the
Bangalore Metropolitan Area, at a total cost of Rs.658.65 crores.
In Govt. order No.UDD 36 MNI 2004, dated:13 -02-2004 the structure for the collection of
beneficiary capital contribution from different categories of properties in the 7 CMC’s and one
TMC under reference has been approved. It has also been ordered that the Beneficiary capital
contribution collecte d by the Urban Local Bodies should be kept in greater Bangalore water
supply and sanitation policy, beneficiary capital account to be held jointly by the concerned Urban
Local Bodies and Karnataka Urban infrastructure Development Finance Bruhat Bangalore
Mahanagara Palike for further transfer to the Bangalore Water Supply and Sewerage Board.
But, this Government order was challenged by a petitioner in writ petition No. 322/2008 in
the High Court of Karnataka, on the ground that the said Government order to collect beneficiary
capital contribution are not supported by Law. Therefore, the Bangalore Water Supply and
Sewerage Board was not able to defend the impugned Government orders in the above writ
petition.
Therefore, it is considered necessary to amend the Bangalore Water Supply and
Sewerage Act, 1964 to provide for empowering the Government to issue directions to the
Bangalore Water Supply and Sewerage Board to levy and collect the beneficiary capital
contribution through Local bodies towards the water supply and sanitation projects. And also to
validate the beneficiary capital contribution collected with effect form 1 st January 2003, by the
Local authority in accordance with Government order referred above.
Hence the Bill,
[L.A. Bill No. 16 of 2010, File No. DPAL 54 Shasana 2009]
[Entries 17 and 32 of List II of the Seventh Schedule to the Constitution of India.]
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VIII
Amending Act 05 of 2011. - It is considered necessary to provide for making it mandatory
to build rainwater harvesting structure by households in order to preserve the groundwater by
amending the Bangalore Water Supply and Sewerage Act, 1964.
Hence the Bill.
[L.A. Bill No.7 of 2011, File No. Samvyashae 34 Shasana 2010]
[Entries 5 and 32 of List II of the Seventh Schedule to the Constitution of India.]
IX
Amending Act 28 of 2013.- It is considered necessary to amend the Bangalore
Water Supply and Sewerage Act, 1964 (Karnataka Act 36 of 1964) to provide for,-
Collection of up to 50% of the pro -rata charges in addition to the penaltie s and
pro-rata charges payable from the persons having unauthorized connections subject to
such conditions as may be specified in the regulations.
Hence the Bill
[L.A. Bill No.1 of 2013, File No. Samvyashae 62 Shasana 2012]
[Entries 5 and 17 of List II of the Seventh Schedule to the Constitution of India.]
X
Amending Act 25 of 2016.- The proposed amendment is necessitated in view of
the Karnataka Housing Board and Bangalore Development Authority have been allotting
sites in terms of square meters measuring 216 square meters and 108 square meters in
favour of their successful applicants which is marginally less than 2400 square feet and
1200 square feet respectively. In this background, it is considered necessary to amend
section 72 -A of the Bangalore Water Supply and Sewerage Act, 1964 to make
compulsory of providing Rain Water Harvesting in sital area of not less than 216 square
meters and every owner who propose to construct a building on a sital area of not less
than 108 square meters.
Hence, the Bill.
[L.A. Bill No. 18 of 2016, File No. Samvyashae 56 Shasana 2015]
[entries 5 and 17 of List II of the Seventh Schedule to the Constitution of India.]
XI
Amending Act 02 of 2017. - It is considered necessary to amend section 15 of
the Bangalore Water Supply and Sewerage Board Act, 1964, to empower the Board to
prepare and carryout scheme,-
(a) with the approval of the Government at cabinet level in respect of
any estimates above ten crore rupees, irrespective of source of
funds; and
(b) with the approval of the Gov ernment Administrative Department
level to estimates of less than ten crore rupees with Government
grants or loan as source of funds.
Hence the Bill.
[L.A. Bill No.39 of 2016, File No. Samvyashae 49 Shasana 2016]
[entries 6, 17 and 32 of List II of the Seventh Schedule to the Constitution of India]
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XII
Amending Act 29 of2021.- It is considered necessary to amend the Bangalore
Water Supply and Sewerage Act, 1964 (Karnataka Act 36 of 1964) in order to,-
(i) reduce the dependency on Cauvery water or underground water;
(ii) reduce the flow of storm water drains;
(iii) mitigate urban flooding;
(iv) reduce non-point source pollution of surface and ground water;
(v) manage the summer peak demand through ground water charging and ground
water table or aquifer;
(vi) provide fresh water source through rain water harvesting, where the ground
water quality is poor; and
(vii) mandate rain water harvesting as the rain harvested water is free, readily
available and has no distribution cost.
Hence the Bill.
[L.A. Bill No. 23 of 2021, File No. Samvyashae 25 Shasana 2021]
[Entry 5 and 17 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No. 820 in part-IVA dated: 07.10.2021]
XIII
Amendment Act 61 of 2025:- It is considered necessary to amend
the following Acts for decriminalising and rationalising offences and to
further enhance trust -based governance for ease of living and doing
business, namely:-
1. the Bangalore Water Supply and Sewerage) Act, 1964
(Karnataka Act 36 of 1964);
2. the Karnataka Urban Development Authorities Act, 1987
(Karnataka Act 34 of 1987);
3. the Karnataka Agricultural produce marketing (Regulation and
Development) Act, 1966 (Karnataka Act 27 of 1966);
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4. In the Karnataka Warehouse Act, 1961 (Karnataka Act 11 of
1962);
5. the Karnataka Tourism Trade (Facilitation and Regulation) Act,
2015 (Karnataka Act 21 of 2015);
6. the Karnataka Industrial Areas Development Act, 1966
(Karnataka Act 18 of 1966);
7. the Karnataka Gram Swaraj and Panchayatharaj Act, 1993
(Karnataka Act 14 of 1993);
8. the Karnataka Lifts, Escalators and Passenger Conveyors Act,
2012 (Karnataka Act 9 of 2013);
9. the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of
1964);
10. the Karnataka Municipal Corporations Act, 1976 (Karnataka
Act 14 of 1977);
11. the Karnataka Town and Country Planning Act, 1961
(Karnataka Act 11 of 1963) ;and
12. the Karnataka Industries (Facilitation) Act, 2002 (Karnataka
Act 45 of 2003
Hence, the Bill.
[L.A. Bill No. 59 of 2025, File No. SAMVYASHAE 65 SHASANA 2025]
[Entries 5, 6, 28, 32 of List II and entry 20 of List III of the Seventh
Schedule to the Constitution of India]
[Published in Karnataka Gazette Extra -ordinary No.577 in part -IVA
dated:12.09.2025]
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1
[KARNATAKA]
1
ACT No. 36 OF 1964
(First published in the 1[Karnataka Gazette]1 on the Tenth day of September, 1964.)
THE BANGALORE WATER SUPPLY AND SEWERAGE ACT, 1964
(Received the assent of the President on the Twenty-seventh day of August, 1964.)
(As amended by Karnataka Acts 6 of 1966, 10 of 1966, 18 of 1984, 19 of 2009, 15 of
2010, 32 of 2010 , 5 of 2011, 28 of 2013, 25 of 2016, 2 of 2017, 29 of 2021 and 61 of
2025)
An Act to make provision for water supply, sewerage and sewage disposal in
Bangalore Metropolitan area and for matters connected therewith.
WHEREAS it is expedient to make provision for water supply, sewerage and sewage
disposal in Bangalore Metropolitan area and for matters connected therewith;
BE it enacted by the 1[Karnataka State] 1 Legislature in the Fifteenth Year of the
Republic of India as follows:—
1. Adopted by the Karnataka Adaptation of laws order 1973 w.e.f. 1.11.1973.
CHAPTER I
PRELIMINARY
1. Short title and commencement. —(1) This Act may be called the Bangalore
Water Supply and Sewerage Act, 1964.
(2) Chapters I, II, III and VI of this Act shall come into force at once, and Chapter IV
and Chapter V of this Act shall respectively come into force on such 1[dates]1 as the
State Government may by notification in the official Gazette, appoint.
1. Chapter 4 came into force w.e.f. 1.12.1964 and Chapter 5 w.e.f. 2.12.1964.
2. Definitions.—In this Act, unless the context otherwise requires,—
3[(1) ‘Apartment’ means a part of the property intended for any type of independent
use including one or more room or enclosed spaces located on one or more floors (or
part or parts thereof) in a building, intended to be used for residential purposes and
with a direct exit to public street, road or highway or a common area leading to such
street, road or highway;
(1a) ‘Bangalore Metropolitan Area’ means the area falling within the jurisdiction of the
Bruhat Bangalore Mahanagara Palike and includes such other areas adjacent thereto as
the State Government may, by notification, from time to time specify;]3
(2) ‘Board’ means the Bangalo re Water Supply and Sewerage Board constituted
under this Act;
3[(3) ‘Bruhat Bangalore Mahanagara’ means the areas falling within the jurisdiction of
the Bruhat Bangalore Mahanagara Palike constituted under the Karnataka Municipal
Corporations Act, 1976;] 3
1[(3A) “bye-laws” means bye-laws made by the Board under this Act;]1
(4) ‘Chief Engineer’ means the officer appointed or authorised by the Board to
perform the functions of the Chief Engineer under this Act and includes an officer placed
in additional charge of the duties of the Chief Engineer;
3[(5) ‘Building’ includes a residential building, house, out house, apartment, high rise
building, commercial building, temporary structure, industrial building, stable, latrine,
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urinal, shed, hut or any o ther structure whether of masonry bricks, wood, mud, metal or
other materials but does not include any portable shelter; ]3
(6) ‘communication pipe’ means,—
(a) where the premises supplied with water abut on the part of the street in which
the main is laid, and the service pipe enters those premises otherwise than through the
outer wall of a building on the street and has a stopcock placed in those premises and
as near to the boundary of that street as is reasonably practicable, so much of the
service pipe as lies between the main and that stopcock;
(b) in any other case, so much of the service pipe as lies between the main and
the boundary of the street in which the main is laid, and includes the ferrule at the
junction of the service pipe with the main, and also,—
(i) where the communication pipe ends at a stopcock, that stopcock; and
(ii) any stopcock fitted on the communication pipe between the end thereof and
the main;
3[(7)‘high rise building’ means buildings having more than four floors i.e., gr ound
floor + 3 floors and above;
Explanation.- Multistoried building is also known in common parlance as high
rise building.] 3
(8) ‘drain’ includes sewer, tunnel, a culvert, a ditch, a channel and any other device
for carrying off sewage, offensive matter, polluted water, waste water, rain water or sub -
soil water;
4[(8a)‘Mahanagara Palike’ means the Bruhat Bangalore Mahanagara Palike;] 4
(9) ‘land’ includes benefits to arise out of land, things attached to the earth or
permanently fastened to anything attached to the earth and rights created by law over
any street;
(10) ‘licensed plumber’ means a person licensed under the provisions of this Act as a
plumber;
(11) ‘main’ means a pipe laid 1[x x x] 1 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;
(12) ‘notification’ means a notification published in the official Gazette;
(13) ‘occupier’ includes,—
(a) 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;
(b) an owner in occupation of, or otherwise using his land or building;
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and
occupation of any land or building;
(14) ‘owner’ includes a person who for the time being is r eceiving or is entitled to
receive, the rent of any land or building whether on his own account or on account of
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himself and others or as an agent, trustee, guardian or receiver for any other person or
who should so receive the rent or be entitled to recei ve it if the land or building or part
thereof were let to a tenant;
(15) ‘premises’ means any land or building or part of a building and includes,—
(a) the garden, ground and out -houses, if any, appertaining to a building or part of
a building; and
(b) any fittings affixed to a building or part of a building for the more beneficial
enjoyment thereof;
(16) ‘prescribed’ means prescribed by rules or regulations as the case may be made
under this Act;
(17) ‘prescribed officer’ means the officer prescribed by re gulations made under this
Act;
1 [(17a)‘Pro-rata charges’ means proportionate charges towards cost of improvement
of water supply and sewerage systems levied by the Board from time to time payable by
owner or occupier or developer of any building; ]1
(18) ‘regulations’ means regulations made by the Board under this Act;
(19) ‘rules’ means rules made by the State Government under this Act;
(20) ‘Sanitary Engineer’ means the officer appointed by the Board to be the Sanitary
Engineer and includes any officer placed in additional charge of the duties of the
Sanitary Engineer;
(21) ‘service pipe’ means so much of any pipe for supplying water from a main to any
premises as is subject to water pressure from that main, or would be so subject but for
the closing of some tap;
(22) ‘sewage’ means night soil and other contents of latrines, urinals, cesspools or
drains, and polluted water from sinks, bathrooms, stables, cattle sheds and other like
places, and includes trade effluents and discharges from manufactories of all kinds;
(23) ‘sewer’ means a closed conduit for carrying off sewage, offensive matter,
polluted water, waste water or sub-soil water;
(24) ‘shed’ means a slight or temporary structure for shade or shelter;
(25) ‘street’ includes any way, road, lane, square, court, alley, gully, passage, whether
a throughfare or not and whether built upon or not, over which the public have a right of
way and also the roadway or footway over any bridge or causeway;
(26) ‘supply pipe’ means so much of any service pipe as is not a communication pipe;
(27) ‘trade effluent’ means any liquid either with or without particles of matter in
suspension therein, which is wholly or in part produced in the course of any trade or
industry carried on at trade premises, and in rela tion to any trade premises means any
such liquid as aforesaid which is so produced in the course of any trade industry carried
on at those premises, but does not include domestic sewage;
(28) ‘trade premises’ means any premises used or intended to be used for carrying on
any trade or industry;
(29) ‘trade refuse’ means the refuse of any trade or industry;
(30) ‘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 reser voir to another filter or
reservoir, or for the purpose of conveying water in bulk from one 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;
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(31) ‘vehicle’ includes a carriage, cart, van, dray, truck, hand -cart, bicycle, cycle -
rikshaw, auto-rikshaw, motor vehicle and every wheeled conveyance which is used or is
capable of being used on a street;
(32) ‘water course’ includes any river, stream or channel whether natural or artificial;
(33) ‘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;
(34) ‘Water -Supply Engineer’ means the officer appointed by the Board to be the
Water-Supply Engineer, and includes any officer placed in additional charge of the
duties of the Water Supply Engineer;
(35) ‘water works’ includes all lakes, tanks, streams, cisterns, springs, pumps, wells,
reservoirs, aqueducts, wate r trucks, sluices, mains, pipes, culverts, hydrants, stand
pipes and conduits and all lands, buildings, machinery, bridges and things used for, or
intended for the purpose of, supplying water.
1. Inserted by Act 6 of 1966 w.e.f. 17.3.1966.
2. Omitted by Act 6 of 1966 w.e.f. 17.3.1966.
3. Substituted by Act 15 of 2010 w.e.f. 16.04.2010.
4. 1. Inserted by Act 15 of 2010 w.e.f. 16.04.2010.
CHAPTER II
ESTABLISHMENT OF THE BOARD
3. Constitution and composition of the Bangalore Water Supply and Sewerage
Board.—(1) The State Government shall as soon as may be after the commencement of
this Chapter, constitute by notification in the official Gazette a Board by the name of “The
Bangalore Water Supply and Sewerage Board”.
2[(2) The Board shall consist of not less than thr ee and not more than nine members
appointed by the State Government.] 2
(3) Of the members,—
(a) one shall be a person who has experience of, and has shown capacity in
commercial matters and administration;
(b) 2[two]2 shall be 1[a person with wide experi ence of civil engineering works
preferably in the field of public health engineering with reference to water supply,
sewerage and sewage disposal and industrial wastes]1; and
(c) one shall be a person who has experience of accounting and financial matters
in a public utility undertaking, preferably a water supply or sewage disposal undertaking.
(4) One of the members possessing any of the qualifications specified in sub -section
(3) shall be appointed by the State Government to be the Chairman of the Board.
2[(5) A person shall be disqualified for being appointed or being a member of the
Board if he is a member of the Parliament or of any State Legislature or any local
authority.] 2
(6) No act done by the Board shall be called in question on the ground onl y of the
existence of any vacancy in, or defect in the constitution of, the Board.
1. Substituted by Act 6 of 1966 w.e.f. 17.3.1966.
2. Substituted by Act 15 of 2010 w.e.f. 16.04.2010.
14
4. Term of office and conditions for re -appointment of members of Board.—The
Chairman and other members of the Board shall hold office for such period, and shall be
eligible for re-appointment under such conditions, as may be prescribed by the rules.
5. 1[Disqualification for becoming a member of the Board.] 1—1[(1) A person shall
be disqualified for being appointed as a member of the Board, and for being a member
thereof, if, save as hereinafter provided, he has directly or indirectly by himself or his
partner any share or interest in any work done by order of the Board or in any contract or
employment with, or under, or by, or on behalf of, the Board.]1
(2) Nothing contained in sub -section (1) shall prevent a member from acquiring or
holding any share or interest in any firm or company 2[x x x]2:
Provided that if the Board has ente red into, or is about to enter into any contract or
agreement with any such firm or company in which a member holds any share or
interest, he shall disclose the fact and nature of such interest and he shall not be entitled
to vote on any decision of the Board relating to such contract or agreement.
(3) A disclosure referred to in the proviso to sub -section (2) shall forthwith be
recorded in the minutes of the Board and communicated to the State Government and
the State Government may thereupon give such directions as it may deem proper.
1. Substituted by Act 6 of 1966 w.e.f. 17.3.1966.
2. Omitted by Act 6 of 1966 w.e.f. 17.3.1966.
6. Removal or suspension of members. —(1) The State Government may suspe nd
from office for such period as it thinks fit or remove from office any member of the Board
who,—
(a) is of unsound mind and stands so declared by a competent court; or
(b) is an undischarged insolvent; or
1[(c) becomes subject to any disqualification sp ecified in sub -section (1) of section
5.]1
(d) becomes or seeks to become a member of Parliament or any State Legislature
or any local authority; or
(e) in the opinion of the State Government,—
(i) has refused to act; or
(ii) has become incapable of acting; or
(iii) has so abused his position as a member as to render his continuance on the
Board detrimental to the interests of the general public; or
(iv) is otherwise unfit to continue as a member; or
(f) is convicted of an offence involving moral turpitude.
(2) The State Government may suspend any member pending an inquiry against him.
(3) No order or removal shall be made under this section unless the member
concerned has been given an opportunity to submit his explanation to the State
Government and w hen such order is passed, the seat of the member removed shall
become vacant and another member may be appointed under section 3 to fill up the
vacancy.
(4) A member who has been removed shall not be eligible for re -appointment as
member or in any other capacity to the Board.
(5) If the Board fails to carry out its functions, or refuses or fails to follow 1[the
directions issued by the State Government under section 89] 1, the State Government
may remove the Chairman and the members of the Board and appoint a Chairman and
members in their places.
1. Substituted by Act 6 of 1966 w.e.f. 17.3.1966.
15
7. Power of State Government to declare certain transactions void. —(1) The
State Government may declare void any transaction in connection with which a member
has bee n removed under 1[x x x] 1 clause ( e) of sub -section (1) of section 6 after
considering the report on the facts of the case made to it by a District Judge nominated
by it in this behalf.
(2) A District Judge nominated under sub -section (1) shall, before ma king his report
under that sub -section to the State Government in relation to any transaction, give all
parties interested in the transaction a reasonable opportunity of being heard.
(3) Where a transaction is declared void under this section it shall not be enforceable
by any party to the transaction but the provisions of section 65 of the Indian Contract
Act, 1872, shall, so far as may be, apply to such transaction as they apply to an
agreement which is discovered to be void or a contract which becomes void.
(4) The decision of the State Government declaring any transaction void under this
section shall be final and shall not be called in question in any Court.
1. Omitted by Act 6 of 1966 w.e.f. 17.3.1966.
8. Temporary absence of members. —If the Chairman o r any other member of the
Board is by infirmity or otherwise rendered temporarily incapable of carrying out his
duties or is absent on leave or otherwise in circumstances not involving the vacation of
his appointment, the State Government may appoint anoth er person to officiate for him
and carry out his functions under this Act or any rule or regulation made thereunder.
9. Incorporation of Board. —(1) 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 thereunder, to acquire and hold and dispose of property, both
movable and immovable, and shall by the said name sue and be sued.
(2) For the purposes of this Act and the Land Acquisition Act, 1894, the Board shall
be deemed to be a local authority.
10. Authentication of orders and other instruments of the Board.—All orders and
decisions of the Board shall be authenticated by the signature of the Chairman or any
other member authorised by the Board in this behalf an d all other instruments issued by
the Board shall be authenticated by the signature of such member or officer of the Board
as may in like manner be authorised in this behalf.
11. Meetings of the Board. —(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 members necessary to constitute a quorum at a meeting shall be
such as may be provided in the regulations.
1[12. Appointment of staff. - The Board may appoint a Chief Administrative Officer
cum Secretary, Engineer in Chief, Chief Engineers, Sanitary Engineers, Water Supply
Engineers and such other Engineers, Officers and servants as may be re quired to
enable the Board to carry out its functions under this Act:
Provided that the appointment of the Chief Administrative Officer-cum-Secretary,
Engineer in Chief, Chief Engineers, Additional Chief Engineers, Executive Engineers
shall be made with the prior approval of the State Government.] 1
1. Substituted by Act 15 of 2010 w.e.f. 16.04.2010.
13. Appointment of 1[consultants]1.—The Board may, subject to such conditions as
may be prescribed by 1[regulations]1, from time to time, appoint qualified persons to be
1[consultants]1 to the Board and pay them such remuneration as it thinks proper.
1. Substituted by Act 6 of 1966 w.e.f. 17.3.1966.
16
14. Consultative Committee. —(1) The State Government shall constitute a
Consultative Committee consisting of m embers of the Board and such other persons
being not less than three and not more than nine as the State Government may appoint
after consultation with such representatives or bodies representative of the following
interests as the State Government thinks fit, that is to say, the Municipal Bruhat
Bangalore Mahanagara Palike of the Bruhat Bangalore Mahanagara, the Bangalore City
Improvement Trust Board and consumers of water.
(2) The Chairman of the Board shall be ex-officio Chairman of the Consultative
Committee.
(3) The Consultative Committee shall meet at least once in every three months.
(4) The functions of the Consultative Committee shall be as follows:—
(i) to advise the Board on major questions of policy and major schemes;
(ii) to review the progress and the work of the Board from time to time;
(iii) to consider such other matters as the Board may place before it; and
(iv) to consider such matters as the State Government may by rules prescribe.
(5) The Board shall place before the Consultative Committe e the annual financial
statement and supplementary statement, if any, before submitting such statement to the
State Government under section 17 together with copies of the report and proceedings.
15. General duties of the Board. —(1) The Board shall be char ged with the general
duty of providing a supply and improving the existing supply of water in the Bangalore
Metropolitan Area and of making adequate provision for the sewerage and the disposal
of the sewage in the Bangalore Metropolitan Area and for the ef ficient discharge of such
duty the Board shall exercise such powers and perform such functions as are conferred
or imposed by or under this Act.
(2) Without prejudice to the provisions of sub -section (1), it shall be the duty of the
Board to take steps from time to time,—
(a) for ascertaining the sufficiency and wholesomeness of water supplies within the
Bangalore Metropolitan Area;
(b) for preparing and carrying out schemes 1[x x x] 1 for the supply of wholesome
water for domestic purposes within the Bangalore Metropolitan Area;
(c) for preparing and carrying out schemes 1[x x x] 1, for the proper sewerage of,
and the disposal of the sewage of, the Bangalore Metropolitan Area.
4[2[Provided that no scheme under clause (b) or (c) estimated to the cost as speci fied
in column (2) of the Table below shall be carried out by the Board without approval of the
Authority specified in column(3) thereof, namely:-
Table
SL. No.
(1)
Scheme
(2)
Approving Authority
(3)
(1) A scheme costing more than rupees ten
crores irrespective of source of funding
Government Cabinet Level
(2) A scheme costing less than rupees ten
crores with Government grant or loan as
source of funds
Government
(Administrative Department)]2]4
(3) A scheme under clause (b) of sub-section (2) shall inter alia make provision,—
(a) for a supply of wholesome water in pipes to every part of the Bangalore
Metropolitan Area in which there are houses, for the domestic purposes of the occupants
17
thereof, and for taking the pipes affording that supply to such point or points as will
enable the houses to be connected thereto at a reasonable cost, so however, that this
clause shall not require the Board to do anything which is not practicable at a reasonable
cost or to provide such a supply to any part of the Ban galore Metropolitan Area where
such a supply is already available at such point or points aforesaid;
(b) for a supply, as far as possible, of wholesome water otherwise than in pipes in
every part of the Bangalore Metropolitan Area in which there are houses , for the
domestic purposes of the occupants thereof, and to which it is not practicable to provide
a supply in pipes at a reasonable cost, and in which danger to health arises from the
insufficiency or unwholesomeness of the existing supply and a public s upply is required
and can be provided at a reasonable cost, and for securing that such supply is available
within a reasonable distance of every house in that part.
(4) If any question arises under clause (a) of sub-section (3) as to whether anything is
or is not practicable at a reasonable cost or as to the point or points to which pipes must
be taken in order to enable houses to be connected to them at reasonable cost, or under
clause (b) of the said sub -section, as to whether a public supply can be provi ded at a
reasonable cost, the State Government shall determine that question and thereupon the
Board shall give effect to that determination.
(5) Without prejudice to the provisions of sub -sections (1), (2) and (3), the Board
shall, for the purposes of sec uring, as far as is reasonably practicable, that every house
has a sufficient supply of whoExcerpt shown. Open the full act in Lexace.