The KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD ACT, 1973

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THE KARNATAKA URBAN WATER SUPPLY AND  
DRAINAGE BOARD ACT, 1973 
ARRANGEMENT OF SECTIONS 
Statement of Object and Reasons  
Sections : 
CHAPTER I 
PRELIMINARY 
 1. Short title, extent and commencement. 
 2. Definitions. 
CHAPTER II 
CONSTITUTION OF THE BOARD 
 3. Creation and incorporation of the Board. 
 4. Constitution of the Board. 
 5. Appointment of Chairman, the Managing Director and Directors to be notified. 
 6. Term of office and conditions of service of the directors. 
 7. Disqualifications for appointmen as director of the Board. 
 8. Removal of the Chairman and other non-official directors. 
CHAPTER III 
OFFICERS AND MEMBERS OF THE STAFF OF THE BOARD 
 9. Appointment of Secretary, Chief Engineer, Accounts Officer and other officers 
and servants of the Board. 
 10. Maintaining schedule of establishment. 
 11. Control by the Managing Director. 
CHAPTER IV 
CONDUCT AND BUSINESS OF THE BOARD 
 12. Meeting of the Board. 
 13. Temporary assosiation of persons with Board for particular purposes. 
 14. Appointment and functions of committees. 
 15. Acts of Board not to be invalidated by informatlity or vacancy. 
CHAPTER V 
POWERS AND FUNCTIONS OF THE BOARD 
 16. Functions of the Board. 
 17. Other functions of the Board. 
 18. General powers of the Board. 
CHAPTER VI 
INVESTIGATION, PREPARATION AND EXECUTION, MAINTENENCE ETC OF SCHEMES BY THE 
BOARD 
 19. Cost of investigation of schemes. 
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 20. Preparation of draft schemes by the Board. 
 21. Approval of the scheme by the Government. 
 22. Publication of approval of the draft scheme in the official Gazette. 
 23. Execution of approved scheme by the Board. 
 24. Recovery of the cost of the scheme. 
 25. Power of Government to direct the Board to prepare and execute any scheme. 
 26. Power of the Board to agree or refuse to prepare and execute the scheme. 
 27. Local authority to provide adequate facilities to the Board. 
 28. Power of local authority to undertake schemes. 
 28A. Operation and maintenance etc. of the schemes by the Board. 
 28B. Water supply for domestic and other purposes. 
28C. Power to lay mains, etc. 
28D. Power to provide meters, etc. 
 28E. Power to enter premises and to cut off water supply, etc. 
 28F. Work to be done by licenced plumber. 
28G. Prohibition of certain acts. 
28H. Drainage of premises etc.  
CHAPTER VII 
FINANCE, ACCOUNTS AND AUDIT 
 29. Board’s Funds. 
 30. Subventions, loans and grants to the Board. 
 31. Power of the Board to borrow and lend. 
 31A. Board’s power to levy rates etc. 
 32. Guarantee by Government of loans. 
 33. Form, signature, exchange, transfer and effect of debentures. 
 34. Estimates of income and expenditure of the Board to be laid annually and 
considered by the Board. 
 35. Approval of Government to estimates. 
 36. Supplementary estimate. 
 37. Repayment of loans by the board. 
 38. Establishment and maintenance of sinking and other funds. 
 39. Annual reports, statistics and returns. 
 40. Accounts and audit. 
 41. Remuneration of auditor. 
 42. Accounts and audit report to be forwarded to the Government and placed before 
the State Ligislature. 
 43. Powers to write off irrecoverable amounts. 
 
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CHAPTER VIII 
PENALTIES AND PROCEDURE 
 44. No disqualification in certain cases. 
 44A. Joint and several liability of owners and occupies for offence in relation to water 
supply. 
 45. Penalty for obstructing contractor or removing mark. 
 46. Penalty for breach of the provisions of the Act. 
 47. Prosecution and trial of offences. 
 48. Arrest of offenders. 
 49. Offences by companies. 
CHAPTER IX 
MISCELLANEOUS 
 50. Emergency powers of Managing Director. 
 51. Powers of Managing Director as to institution, composition etc., of legal 
proceedings and obtaining legal advice. 
 52. Delegation of powers. 
 53. Power of the Government to issue orders and directions to the Board or local 
authorities. 
 54. Duties of Police Officers. 
 55. Adjudication of disputes between the Board and local authorities. 
 55A. Non-liability of Board when supply reduced or not made in certain cases. 
 55B. Right of user of conduits, lines etc. 
 56. Effect of other laws. 
 57. Notice of suit against Board. 
 58. General power of the Board to pay compensation. 
 59. Compensation to be paid by offenders for damage caused by them. 
 60. Mode of recovery of dues. 
 61. Authentication of orders and other instruments of the Board. 
 62. Stampitng signature of notices or bill. 
 63. Power of entry. 
 64. Protection of action taken in good faith. 
 65. Officers and servants of the Board to be public servants. 
 66. The Board to be local authority under Central Act I of 1894 and Central Act IX of 
1914. 
 66A. Directions by the State Government. 
 66B. Licenses and written permissions. 
66C. Notices etc., to fix reasonable time. 
66D. Service of notice, etc. 
 66E. Service of bills for charges or notice of demand by ordinary post. 
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 66F. Power in case of non-compliance with notice etc. 
66G. Composition of offences. 
66H. Validity of notices and other documents. 
 67. Revision. 
CHAPTER X 
RULES AND REGULATIONS 
 68. Power to make rules. 
 69. Power to make regulations. 
 70. Provision as to employees of the local authorities employed in connection with 
water supply and sewerage undertakings. 
 71. Continuation of appointments, notifications, rules, bye-laws etc. 
  Summary of Amendments 
* * * * 
STATEMENTS OF OBJECTS AND REASONS. 
I 
 Act 25 of 1974.-   To undertake the investigation, preparation and execution of 
schmes for the regulation and development of drinking water and drainage facilities in 
the urban areas, it is considered necessary to have a statutory board at the State level 
which will help in bringing about co-ordination in the activities relating to the 
implementation of such schemes. 
 Hence the Bill. 
 (Published in the Karnataka Gazette (Extraordinary) Part-IV-2A, dated 26-2-1973, 
No. 180, at page 37.) 
II 
 Amending Act 7 of 1976.-  The Karnataka Urban Water Supply and Drainage Board 
Bill, 1973 was assented to by the President of India and has been published as 
Karnataka Act 25 of 1974. 
 While giving assent to the said Bill, the Government of India have suggested certain 
amendments, one of which relates to the amendment of section 9 of the Act. 
 Sub-section (1) of section 9 empowers the Board to appoint a Secretary, a Chief 
Engineer, an Accounts Officer and such other officer and Servants as it considers 
necessary for efficient performance of its functions. The proviso stipulates that the Board 
shall not without the previous apporval of the Government, sanction the creation of, or 
appoint any person to any post, the maximum monthly salary of which exceeds on 
thousand and six hundred rupees. 
 The Government of India have suggested that the appointment of the Secretary, 
Chief Engineer and the Accounts Officer of the Board should be made with the approval 
of the Government. 
 Since the three posts being key posts in the Board, it is considered that there should 
be a limit of Government control over appointment of these posts. 
 Hence the Bill. 
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 (Published in the Karnataka Gazette (Extraordinary), dated 31-1-1976, Part IV-2A, 
No. 626, page 3.) 
III 
 Amending Act 20 of 1977.-  Section 29(4) of the Karnataka Urban Water Supply and 
Drainage Boad act, 1973 provides, all moneys and recipts forming part of the fund of the 
Karnataka Urban water Supply and Drainage Board have either to be deposited into the 
Public Accounts of the Government or in the Reserve Bank of India or State Bank of 
India of India or any correspoinding new Bank as defined in the Banking Companies 
(Acquisition  and Transfer of undertakings) Act, 1970.  Schedule Banks are not included 
in the list.  Since many Schedule Banks have come forward to offer banking services to 
the Board, it is proposed to amend section 29 (4) of the Karnataka Urban Water suppply 
and Drainage Board Act so as to include Scheduled Banks also  within its purview. 
 Hence the Bill. 
 (Published in the Karnataka Gazette (Extraordinary), dated 3-2-1977, Part IV-2A,  
L.A. No. 16743, Page 2.) 
IV 
 Amending Act 45 of 1981.-  The Water Supply and Drainage System in Urban areas 
of the State are at present maintained by the concerned local bodies.  The standard of 
maintenance of water supply by the urban local bodies has been on the whole, 
extremely poor.  The local bodies, as a rule do not have qualified technical staff for 
operation and maintenance of the machinery and sophisticated equipment erected for 
the Water Supply/Drainage Systems, for prompt rectification of defects in water supply 
or proper supervision over the storage and distribution arrangements.  Further, most of 
the local bodies have failed to levy adequate water rates to cover the cost of 
maintenance and consequently do not have sufficient funds to keep the water 
supply/drainage systems in good shape. 
 In view of these difficulties, it is considered necessary to entrust in a phased manner, 
the water supply and drainage schemes in urban areas to the Karnataka Water Supply 
and Drainage Board, which has the technical know how and capacity to maintain the 
schemes efficiently. 
 Under the provisions of the Karnataka Urban Water Supply and Drainage Board Act, 
the Board executed water supply and drainage schmes on behalf of local authorities and 
also such schemes as may be entrusted to it by Government.  The Act does not 
empower the Board to maintain Water Supply Drainage Schemes or to collect water 
rates in respect of the water supplied.   Amendments to the Act are therefore necessary 
to entrust these functions to the Board and to provide for take over of Water Supply and 
Drainage Schemes by the Board. 
 Hence the Bill. 
 (Published in the Karnataka Gazette (Extraordinary), dated 25-3-1981, Part IV-2A, 
No. 194, Page 31.) 
 
 
 
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V 
 Amending Act 19 of 1993.-  It is considered necessary to amend the Karnataka 
Urban Water Supply and Drainage Board Act, 1973 to make the Director of Municipal 
Administration as one of the directors of the Karnataka Urban Water Supply and 
Drainage Board.  Opportunity is also taken to make consequential amendments due to 
bifurcation of the Department of Health and Municipal Administration into Housing and 
Urban Development Department and Health and Family Welfare Department. 
 Hence the Bill. 
 (Obtained from Vide L.A. Bill 10 of 1993, File LAW 64 LGN 91.)  
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1[KARNATAKA]1 ACT No. 25 OF 1974 
(First published in the Karnataka Gazette Extraordinary on the Twenty-first day of 
August, 1974) 
THE 1[KARNATAKA]1 URBAN WATER SUPPLY AND DRAINAGE BOARD  
ACT, 1973. 
(Received the assent of the President on the Fifteenth day of August, 1974) 
(As Amended by Acts  7 of 1976, 20 of 1977, 45 of 1981 and 19 of 1993.) 
 
 An Act to provide for the establishment of a Water Supply and Drainage Board and 
the regulation and development of drinking water and drainage facilities in the urban 
areas of the State of 1[Karnataka]1. 
 WHEREAS it is expedient to provide for the establishment of a Water Supply and 
Drainage Board and the regulation and development of drinking water and drainage 
facilities in the urban areas of the State of 1[Karnataka]1 and for matters connected 
therewith ; 
 B E it enacted by the 1[Karnataka]1 State Legislature in the Twenty-fourth Year of the 
Republic of India as follows:- 
1.  Adopted by the Karnataka adoptation of laws order 1973 w.e.f. 1.11.1973. 
CHAPTER  I 
PRELIMINARY 
 1. Short title, extent and commencement.- (1) This Act may be called the 
1[Karnataka]1 Urban Water Supply and Drainage Board Act, 1973. 
 (2) It extends to the whole of the State of 1[Karnataka]1 other than the City of 
Bangalore. 
1.  Adopted by the Karnataka adoptation of laws order 1973 w.e.f. 1.11.1973. 
 (3) It shall come into force on such 1[date]1 as the State Government may, by 
notification, appoint and different dates may be appointed for different areas. 
1.  Act came into force on 15.10.1974. 
 1 [2. Definitions.-  In this Act, unless the context otherwise requires,- 
1.  Sub section 1 to 34 substituted by Act 45 of 1981 w.e.f. 1.10.1981. 
 (1) “Board” means the 1[Karnataka]1 Urban Water Supply and Drainage Board 
constituted under section 4; 
1.  Adopted by the Karnataka adoptation of laws order 1973 w.e.f. 1.11.1973. 
 (2) “building” means a house, out-house, stable, latrine, urinal, shed, hut or any other 
structure, whether of masonry, bricks, wood, mud, metal or other material, but does not 
include any portable shelter; 
 (3) “bye-laws”  means bye-laws made by the Board under this Act; 
 (4) "Chairman" means the Chairman of the Board; 
 (5) "committee" means any committee appointed under section 14; 
(6) "communication pipe" means,- 
(a) where the premises supplied with water abuts the street in which the main is 
laid, and the service pipe enters that premises otherwise than through the 
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outer wall of a building on the street  and has a stopcock placed in that 
premises and as near to the boundary of the 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; 
 (7) "director" means a director of the Board and includes the Chairman and the 
Managing Director; 
 (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; 
 (9) "drainage" means the device for carrying off sewage, offensive matter, polluted 
water, waste water, rain water, or sub-soil water; 
 (10) "Executive Engineer" means the officer appointed by the Board to be the 
Executive Engineer and includes any officer placed in additional charge of the duties of 
the Executive Engineer; 
 (11) "Government" means the State Government; 
 (12) "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; 
 (13) "licenced plumber" means a person licenc ed under the provisions of this Act as a 
plumber; 
 (14) “local area” means an area within the jurisdiction of a local authority; 
 (15) “local authority” means a municipal corporation, a municipal council, a sanitary 
board or a notified area committee constituted or continued under any law for the time 
being in force; 
 (16) “main” 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; 
 (17) “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 the owner damages for the use and 
occupation of any land or building; 
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 (18) “owner” includes a person who for the time being is receiving or is entitled to 
receive, the rent of any land or building whether on his own account or an account of 
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 receive it if the land or building or part 
thereof were let to a tenant; 
 (19) “premises” means any land or building or part of a building and includes,- 
  (a) the garden, ground and out-house, 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; 
 (20) “regulation” means a regulation made under this Act; 
 (21) “scheme” means any scheme relating to drinking water and drainage and such 
matters incidental thereto and includes  a draft scheme prepared for the above purpose; 
 (22) “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; 
 (23) “sewage” means night soil and 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; 
 (24) “sewer” means a closed conduit for carrying off sewage, offensive matter, 
polluted water, waste water or sub-soil water; 
 (25) “shed” means a slight or temporary structure for shade or shelter; 
 (26) “street” includes any way, road, lane, square, court, alley, gully, passage, whether 
a thoroughfare 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 cause-way; 
 (27) “supply pipe” means so much of any service pipe as is not a communication pipe; 
 (28) “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 relation to any trade premises, means any 
such liquid as aforesaid which is so produced in the course of any trade or industry 
carried on at such premises, but does not include domestic sewage; 
 (29) “trade premises” means any premises used or intended to be used for carrying on 
any trade or industry; 
 (30) “trade refuse”  means the refuse of any  trade or industry; 
 (31) “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 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; 
 (32) “water course” includes any river, stream or channel whether natural or artificial; 
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 (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 works” includes all lakes, tanks, streams, cisterns, springs, pumps, wells, 
reservoirs, aqueducts, water trucks, sluices, mains, culverts, pipes, hydrants, stand 
pipes and conduits and all lands, buildings, machinery, bridges and things used for or 
intended for the purposes of supplying water.]1 
CHAPTER II 
CONSTITUTION OF THE BOARD 
 3. Creation and incorporation of the Board.-  The duty of carrying out the 
provisions of this Act shall, subject to the restrictions, conditions and limitations therein 
contained be vested in a Board to be called the 1[Karnataka]1 Urban Water Supply and 
Drainage Board and such Board shall be a body corporate and have perpetual 
succession and a common seal and shall by the said name sue and be sued. 
1.  Substituted by Act 7 of 1976 w.e.f. 4.3.1976. 
 4. Constitution of the Board.- (1) The Board shall consist of,- 
  (a) a Chairman ; 
  (b) a Managing Director; 
  (c) 1[four  directors of whom one shall be the Director of  Municipal Administration 
and three others] 1 to represent respectively the Government Secretariat Department 
dealing in, - 
1.  Substituted by Act 19 of 1993 w.e.f. 18.5.1993. 
   (i) Finance; 
   1[(ii) Housing and Urban Development;]1 
1.  Substituted by Act 19 of 1993 w.e.f. 18.5.1993. 
   (iii) Public Works; 
  (d) four directors to represent the local authorities, one from each revenue 
division; 
  (e) eight other directors of whom four shall be persons possessing wide 
experience in the field of public health engineering with reference to water supply or 
drainage or disposal of industrial wastes,  who are not employed by the Government or a 
local authority or a corporation owned or controlled by the Government. 
 (2) The Chairman and the Managing Director shall posses the prescribed 
qualifications. They and the other directors shall be appointed by the Government. 
 5. Appointment of Chairman, the Managing Director and Directors to be 
notified.- The appointment of the Chairman, the Managing Director and the official and 
non-official directors shall be notified in the official Gazette. 
 6. Term of office and conditions of service of the directors.- (1) All directors 
including the Chairman and the Managing Director shall hold office during the pleasure 
of the Government. 
 (2) Any director may, by writing addressed to the Government, resign his office and 
such resignation takes effect when accepted by Government.  
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 (3) The conditions of service of the directors shall be such as may be prescribed. 
 (4) Any vacancy in the office of the directors may be filled by Government by 
appointing a person possessing the appropriate qualification specified in section 4. 
 7. Disqualifications for appointment as director of the Board.- (1) A person shall 
be disqualified for being appointed as, and for being, a director of the Board, if he,- 
  (a) has been sentenced for any offence involving moral turpitude, such sentence 
not having been  reversed; 
  (b) is an undischarged insolvent; 
  (c) is of unsound mind; 
  (d) is an officer or servant of the Board; 
  (e) has directly or indirectly, by himsel f or by any partner, employer or employee, 
any share or interest in any contract or employment with, by or on behalf of, the Board; 
  (f) is a director or a secretary, manager or other officer of any incorporated 
company which has any share or interest in any contract or employment with, by or on 
behalf of the Board. 
 (2) A person shall not be disqualified under clause (e) or clause (f) of sub-section (1) 
or be deemed to have any share or interest in  any contract or employment within the 
meaning of those clauses, by reasons only of his or the incorporated company of which 
he is a director, secretary, manager, or other officer, having a share or interest in,- 
  (i) any sale, purchase, lease or exchange of immovable property or any 
agreement  for the same; 
  (ii) any agreement for the loan of money or any security for the payment of 
money only; 
  (iii) any newspaper in which any adverti sement relating to the affairs of  the 
Board is inserted; 
  (iv) the occasional sale to the Board, if the sum paid as consideration does not 
exceed two thousand rupees in any one year, of any article in which he or the 
incorporated company regularly trades. 
 (3) A person shall not also be disqualified under clause (e) or clause (f) of sub-
section (1) or be deemed to have any share or interest in any incorporated company  
which has any share or interest in any contract or employment with, by, or on behalf of 
the Board, by reason only of his being a share holder of such company: 
 Provided that such person discloses to the Government the nature and extent of the 
shares held by him. 
 Explanation.- For the purposes of clause (d) of sub-section (1) the Chairman or the 
Managing Director or any director shall not be deemed to be an officer or servant of the 
Board. 
 8. Removal of the Chairman and other non-official directors.- (1)   If at any time 
it appears to the Government that the Chairman has shown himself to be unsuitable for 
his office, or has been guilty of any misconduct or neglect which renders his removal 
expedient, it shall by notification remove hi m from office after giving him a reasonable 
opportunity of showing cause. 
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 (2) The Government may, by notification, remove any non-official director from office 
after giving him a reasonable opportunity of  showing cause,- 
  (a) if he has, without the permission of the Board, been absent from the 
meetings of the Board for a period of three consecutive months reckoned from the date 
of the commencement  of his term of office, or of the last meeting which he attended, as 
the case may be, or within the said period, less than three meetings have been held, 
been absent from three consecutive meetings held after the said date ; 
  (b) if he, being a legal practitioner, acts or appears on behalf of any person other 
than the Board in any civil, criminal or other legal proceedings in which the Board is 
interested, either as a party or otherwise; or 
  (c) if he, in the opinion of the Government, is unsuitable or has become 
incapable of acting as a director or has so abused his position as a director as to render 
his continuance as such director detrimental to public interest. 
 (3) A non-official director removed under any of the provisions of clauses (a) and (b) 
of sub-section (2) shall unless otherwise directed by the Government be disqualified for 
appointment as a director for  a period of three years from the date of his removal. 
 (4) A non-official director removed under clause (c) of sub-section (2) shall not be 
eligible for reappointment until he is declared by an order of the Government to be no 
longer ineligible. 
CHAPTER  III 
OFFICERS AND MEMBERS OF THE STAFF OF THE BOARD 
 9. Appointment of Secretary, Chief Engineer, Accounts Officer and other 
officers and servants of the Board.- (1) The Board may appoint a Secretary, a Chief 
Engineer, an Accounts Officer and such other officers and servants as it considers 
necessary for the efficient performance of its functions: 
 1[Provided that the appointment of the Secretary, Chief Engineer and the Accounts 
Officer shall be made with the previous approval of the Government.]1 
1.  Substituted by Act 7 of 1976 w.e.f. 4.3.1976. 
 Provided further that in case of emergency,- 
  (a) the Managing Director may appoint, temporarily, for a period not exceeding 
three months such officers or servants as may, in his opinion, be required for the 
purpose of this Act, and the employment of whom for any particular work had not been 
prohibited by any resolution of the Board; and 
  (b) every appointment made under clause (a) shall be reported by the Managing 
Director to the Board at the next meeting. 
 10. Maintaining schedule of establishment.- (1) The Board shall prepare and 
maintain a schedule of establishment showing the number, designated and grades of the 
officers and servants (other than the employees who are paid by the day or whose pay is 
charged to temporary work), whom it consi ders necessary and proper to employ for the 
purpose of  this Act, and also the amount and the nature of the salary, fees and 
allowances to be paid to each such officer or servant. 
 (2) The schedule referred to in sub-section (1) shall be revised every year before the 
first May of that year and shall contain the particulars mentioned in that sub-section of 
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the officers and servants of the Board employed on the 31st March immediately 
preceding. 
 11. Control by the Managing Director.-  Subject to such regulations as may be 
framed by the Board, the Managing Director shall 1[be the Chief Executive  Officer of the 
Board and shall]1  exercise supervision and control over the acts and proceedings of all 
the officers and servants of the Board. 
1. Inserted by Act 45 of 1981 w.e.f. 1.10.1981. 
CHAPTER  IV 
CONDUCT AND BUSINESS OF THE BOARD 
 12. Meeting of the Board.- (1) The Board shall meet at such times and places and 
shall, subject to the provisions of sub-sections (2) and (3) observes such rules of 
procedure in regard to transaction of business at its meetings including the quorum at 
meetings as may be prescribed by regulations: 
 Provided that the Board shall meet at least once in three months. 
 (2) The Chairman or in his absence, the Managing Director shall preside at a 
meeting of the Board. 
 (3) All questions at any meetings of the B oard shall be decided by a majority of the 
votes of the directors present and voting and in the case of an equality of votes, the 
Chairman, or in his absence the Managing Director presiding, shall have and exercise a 
second or casting vote. 
 13. Temporary association of persons with Board for particular purposes.- (1) 
The Board may associate with itself in such manner and for such purposes as may be 
determined by regulations, any person whose assistance or advice it may desire in 
performing any of its functions under this Act: 
 Provided that the number of persons so associated shall not be more than four. 
 (2) The Board may invite any person to offer his views on any subject discussed at 
any meeting of the Board. 
 (3) A person associated with the Board under sub-section (1) or invited for a 
discussion under sub-section (2) for any purpose shall have the right to take part in the 
discussions of the Board relevant to that purpose, but shall not have the right to vote at a 
meeting of the Board. 
 14. Appointment and functions of committees.- (1)  The Board may from time to 
time, appoint committees consisting of such number of persons as it may think fit for the 
purpose of discharging such duties or performing such functions and on such terms and 
conditions as may be prescribed by regulations. 
 (2) The Chairman, or such other person as he may nominate in this behalf shall be 
the president of the committee and the committee shall observe such rules of procedure 
in regard to transaction of business at its meetings as may be prescribed by regulations. 
  
 (3) All proceedings of the committee shall be subject  to confirmation by the Board. 
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 15. Acts of Board not to be invalidated by informality or vacancy.- No act done or 
proceedings taken under this Act by the Board or any committee shall be invalidated 
merely on the ground,- 
  (a) of any vacancy or defect in the constitution of the Board or the committee; or 
  (b) of any defect or irregularity in the appointment of a person acting as a 
director thereof; or 
  (c) of any defect or irregularity in such act or proceeding not affecting the merits 
of the case. 
CHAPTER  V 
POWERS AND FUNCTIONS OF THE BOARD 
 16. Functions of the Board.- (1)  The Board shall be charged with the functions of 
providing financial assistance by way of loans and advances to the local authority in the 
State for assisting in providing for the following amenities, namely:- 
  (i) water supply and drainage for urban areas; and 
  (ii) other activities which are entrusted to the Board from time to time by the 
Government. 
 17. Other  functions of the Board.- 
1
[(1)]
1
 The Board shall perform all or any of the 
following functions, namely:- 
1. Re-numbered by Act 45 of 1981 w.e.f. 1.10.1981. 
  (a) at the instance of the Government or a local authority 2[or suo motu]2,- 
   (i) investigating the nature and type of schemes that can be implemented in 
the area of any local authority for the provision of drinking water and drainage facilities; 
   (ii) planning and preparing of schemes including schemes covering areas 
falling within the jurisdiction of  more than one local authority for the purpose of providing 
the supply of drinking water or drainage facilities; 
   (iii) executing such schemes under a phased programme for the provision of 
drinking water and drainage facilities within the areas of local authorities to which such 
schemes relate ; 
   1[(iv) operation and maintenance of drinking water supply and drainage 
undertakings either wholly or in part and subject to such terms and conditions as the 
Government may specify; 
   (v) levy and collection of water rates, fees, rentals and other charges in 
respect of such undertakings as the State Government may specify.]1 
1. Inserted by Act 45 of 1981 w.e.f. 1.10.1981. 
  (b) providing technical assistance or giving advice to local authorities in the 
execution and maintenance of urban water supply and drainage works; 
  (c) establishing and maintaining schemes incidental to urban water supply and 
drainage such as testing of water, designing of plant for purification of water, conducting 
research relating to urban water supply and maintaining farm schemes;  
  (d) any other matter which is supplemental, incidental or consequential to any of 
the above functions; and 
 15
  (e) such other functions as may be prescribed. 
 1[(2) No scheme estimated to cost more than ten lakhs of rupees shall be carried out 
by the Board except with the previous approval of the State Government.]1 
1. Inserted by Act 45 of 1981 w.e.f. 1.10.1981. 
 18. General powers of the Board.-  The Board shall for the purpose of carrying out 
its functions under this Act.  have the following powers, namely:- 
 (i) to acquire and hold such movable and immovable property as it deems 
necessary and to lease, sell or otherwise transfer any such property subject to such 
conditions as may be prescribed; 
 (ii) to acquire under the Land Acquisition Act, 1894 (Central Act I of 1894) any land 
or any interest therein required by the Board for implementing any schemes; 
 (iii) to incur expenditure and undertake any work in any area in the State for the 
preparation and execution of such schemes as it may consider necessary for the 
purpose of carrying out the provisions of this Act, or as the case may be, the functions 
entrusted to it by the Government ; 
 (iv) to enter into any contract; and 
 (v) to do all things necessary for the purpos e of carrying out the provisions of this 
Act. 
CHAPTER  VI 
INVESTIGATION, PREPARATION AND  1[EXECUTION, MAINTENANCE ETC. OF SCHEMES]1 BY THE 
BOARD 
1. Substituted by Act 45 of 1981 w.e.f. 1.10.1981. 
 19. Cost of investigation of schemes.- The cost of investigation of any scheme 
undertaken by the Board either at the instance of the Government or a local authority 
shall be borne by the local authority concerned.  In case where the investigation is 
undertaken for more than one local authority, the cost of such investigation shall be 
borne by the local authorities concerned in such proportion as may be determined by the 
Board. 
 20. Preparation of draft schemes by the Board.- (1) As soon as the investigation 
undertaken by the Board is completed, the Board shall prepare in regard to the 
expenditure that is likely to be incurred an estimate of the schemes and also a sketch 
showing the salient features relating to the scheme and forward the same along with the 
report of the investigation to the local authority or authorities concerned. 
 (2) On receipt of the documents referred to in sub-section (1), the local authority 
concerned shall, within such time, as may be prescribed examine the report of the 
investigation of the scheme proposed to be implemented in its area with reference to the 
cost to be incurred for the scheme and with reference to its financial capacity to meet the 
cost of the scheme.   If the local authority decides to get the scheme implemented, it 
shall pass a resolution within such time as may be prescribed authorising the Board to 
execute the scheme.  The resolution so passed by the local authority shall specify 
clearly that the local authority shall meet the cost of execution of the scheme and its 
maintenance and also indicate the manner in which and the ways and means by which 
the cost of the scheme is proposed to be borne by such local authority. 
 16
 (3) On receipt of the resolution and other particulars referred to in sub-section (2), 
the Board shall examine in general, the feasibili ty of implementation of the scheme in all 
its aspects and in particular the financial capacity of the local authority concerned.  If on 
such examination the Board is satisfied about  the feasibility of implementation of the 
scheme then the Board shall forward the draft scheme to the Government for their 
approval. 
 (4) Notwithstanding anything contained in any law for the time being in force, any 
resolution passed by any local authority under this section shall be final and any such 
resolution shall not be cancelled or rescinded or altered by such local authority except 
with the previous approval of the Government. 
 21. Approval of the scheme by the Government.- As soon as may be, after the 
submission of the draft scheme under sub-section (3) of section 20, the Government 
shall within such time as may be prescribed, either approve the said draft scheme or 
approve it with such modification, as it may consider necessary or return the said draft 
scheme to the Board to modify the draft scheme or to prepare a fresh draft scheme in 
accordance with such directions as the Government may issue in this behalf and 
resubmit it to the Government for approval. 
 22. Publication of approval of the draft scheme in the official Gazette.- (1) The 
Government shall by notification publish its approval to the draft scheme. 
 (2) A notification published under sub-section (1) shall be conclusive evidence that 
the scheme has been duly made and approv ed.  The scheme shall thereupon become 
final and shall be hereinafter called the “approved scheme”. 
 23. Execution of approved scheme by the Board.- As soon as the notification 
under section 22 is published in the offici al Gazette, the Board shall execute the 
approved scheme in the areas of the local authority or authorities concerned. 
 24. Recovery of the cost of the scheme.- (1) The cost relating to the preparation 
and execution of any scheme by the Board including all incidental expenses connected 
therewith incurred by the Board shall be bor ne by the local authorities concerned on 
whose behalf such scheme was prepared and executed by the Board. In cases where 
the scheme was prepared and executed for more than one local authority, the cost of 
such scheme shall be borne by the local authorities concerned in such proportion as 
may be determined by the Board. 
 (2) The cost relating to the investigation, preparation and execution of any scheme 
by the Board including all incidental expenses connected therewith incurred by the 
Board shall be recoverable by the  Board  from the local authority concerned in such 
manner and in such number of installments and at such time or times as may be 
prescribed. 
 (3) In the event of any failure on the part of any local authority to pay the cost of the 
scheme to the Board, the  Government shall pay to the Board, such cost or so much 
thereof as is remaining due and shall recover the same from the local authority 
concerned in such manner and in such number of instalments and at such time or times 
as may be prescribed. 
 17
 (4) The Board may include in the cost of investigation, preparation and execution of 
any scheme or any other work undertaken by  it, the supervision and centage charges at 
such rates as may be prescribed. 
 25. Power of Government to direct the Board to prepare and execute any 
scheme.- Notwithstanding anything contained in this Act or in any other law for the time 
being in force, if in the opinion of the Government, it is expedient in the public interest to 
investigate, prepare and execute any scheme in any area of a local authority, or where 
any local authority wilfully refuses or fails to  pass any resolution for the execution of any 
scheme by the Board under sub-section (2) of section 20 and such refusal or failure in 
the opinion of the Government is without su fficient reasons, then, it may, by general or 
special order direct the Board to investigate, prepare and execute any scheme in any 
area of a local authority.  The provisions of sections 19 to 22 (both inclusive) shall, so far 
as may be, apply to the preparation and execution of the scheme by the Board under 
this section.  The cost relating to the investigation, preparation and execution of the 
scheme by the Board under this section shall be paid by the Government to the Board 
and the same shall be recovered by the Government from the local authority concerned 
in such manner and in such number of installments and at such time or times as may be 
prescribed. 
 26. Power of the Board to agree or refuse to prepare and execute the scheme.-  
(1) In the case of schemes proposed by  a local authority, the Board may agree to 
prepare and execute the scheme if it is satisfied that such scheme is necessary and 
feasible.  The Board may refuse to prepare and execute such scheme if it is satisfied 
that such scheme is either unnecessary or not feasible or that it is otherwise un-
executable. 
 (2) Any local authority deeming itself aggrieved by the refusal of the Board under 
sub-section (1), may, within two months from the date of receipt of the order of such 
refusal, appeal to the Government who may pass such orders thereon as it thinks fit and 
it shall be the duty of the Board or local authority to give effect to such orders 
accordingly. 
 27. Local authority to provide adequate facilities to the Board.- It shall be the duty 
of the local authority concerned to which any scheme relates, to provide necessary 
assistance to the Board for the proper ex ecution of any approved scheme within the 
territorial limits of such local authority. 
 28. Power of local authority to undertake schemes.- No local authority shall 
without the approval of the Board investigate, prepare or execute any scheme : 
 Provided that no such approval shall be giv en by the Board if the cost of the scheme 
to be undertaken by the local authority exceeds  or is likely to exceed fifty thousand 
rupees. 
1[28A. Operation and maintenance etc. of the schemes by the Board.- (1) 
Notwithstanding anything contained in this Act or in any other law for the time being in 
force, if in the opinion of the Government it is expedient in public interest so to do, it 
may, by order, direct the Board to investigate, prepare, and execute any scheme in any 
local area and, subject to such terms and conditions as it may specify, to operate and 
maintain all works connected with such scheme. The cost relating to such scheme shall 
 18
be borne by the Board and it shall operate and maintain all works connected with such 
scheme and collect necessary water rates, rentals, fees and other charges relating 
thereto. 
1. Sections 28A to 28H inserted by Act 45 of 1981 w.e.f. 1.10.1981. 
 (2) Subject to the terms and  conditions specified by the Government under sub-
section (1),- 
 (a) all the public reservoirs, tanks, cisterns, fountains, wells, pumps, pipes, taps, 
conduits and other works including the head works, reservoirs, the rising 
mains, bridges, buildings, machinery, works, materials and other things 
connected with the water supply and drainage to such local area and all 
lands (not being private property) adjacent and appertaining to the same;  
and 
 (b) all sewers and all  sewerage disposal works constructed in connection with 
drainage system in such local area, 
shall vest in the Board and be subject to its control. 
 (3) The Government may, subject to such conditions as may be specified, by order, 
transfer to the Board the water supply or drainage undertaking of any local authority and 
on such transfer, such undertaking along with all works and lands connected with such 
undertaking shall vest in the Board. 
 (4) (a) No person shall, except with the permission duly obtained from the Board or 
the Executive Engineer,- 
   (i) enter on any land vested in the Board along which a conduit or pipe or 
sewer runs or on any premises connected with water supply or drainage; 
   (ii) construct any building, well or other structure or street over any main or 
sewer belonging to the Board. 
  (b) If any building, well or other structure be so erected or any street be so 
constructed, the Executive Engineer may cause the same to be removed or otherwise 
dealt with as the Execution Engineer deems fit and the expenses incurred therefor shall 
be collected from the  person contravening the provisions of sub-clause (ii) of clause (a). 
 28B. Water supply for domestic and other purposes.- (1)  (a) The Executive 
Engineer may, on application by the owner or occupier of any building, arrange, in 
accordance with such regulations as may be prescribed, to supply water thereto for 
domestic consumption and use. 
  (b) The supply of water for domestic purposes under this Act, shall not be 
deemed to include any supply,- 
   (i) for any trade, manufacture or business; 
   (ii) for gardens or for purposes of irrigation; 
   (iii) for construction purposes; 
   (iv) for fountains, swimming baths, public baths or tanks or for any ornamental 
or mechanical purposes; 
   (v) for animals, where they are kept for sale or hire or for the sale of their 
produce or any preparation therefrom; 
 19
   (vi) for

Excerpt shown. Open the full act in Lexace.

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