LexThe Maharashtra Jeevan Authority Act, 1976.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1976 : Mah. XLVIII] 1
THE MAHARASHTRA JEEVAN AUTHORITY ACT, 1976
[Text as on 5th March 2025]
___________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT, CONDUCT OF BUSINESS, DUTIES AND
POWERS OF THE AUTHORITY
3. Establishment of the Authority.
4. Constitution of the Authority.
5. Disqualification for being non-official Member.
6. Term of office of Members.
6A. Temporary absence of Members.
7. Other provisions regarding Members.
8. Officers and servants of the Authority and their recruitment and conditions of service.
9. Authentication of orders etc. of the Authority.
10. Assistance of Government Officers, etc.
11. Delegation of powers.
12. Disqualification for pa rticipation in proceedings of the Authority or Committee on
account of interest.
13. Acts not to be invalidated by vacancy, informality, etc.
14. Duties and functions of the Authority.
15. Powers of the Authority.
16. Powers of the Authority to give directions and to call for returns, reports, etc.
17. Supervision and centage charges.
CHAPTER III
VESTING OF PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS AND
TRANSFER OF EMPLOYEES
18. Vesting and transfer of property to the Authority.
19. Decision of the State Government on the vesting of property to be final.
20. Vesting of existing water supply and sewerage services in the Authority.
21. Authority to assume obligations in respect of matters to which this Act applies for water
works taken over from local bodies.
22. Co-ordination of activities of the Authority and other local bodies.
2 The Maharashtra Jeevan Authority [1976 : Mah. XLVIII
Act, 1976
22A. Posting and appointment of Engineers in Zilla Parishad , and Maharashtra Jeevan
Authority, respectively.
22AA. Power of State Government t o depute Government emplo yees entrusted to Maharashtra
Jeevan Authority to Zilla Parishads.
22AAA. Provision for voluntary allotment or premature retirement of employees falling under
section 22AA.
23. Transfer of certain Government employees to the Authority.
23A. Power of State Government to depute certain Government employees to the Authority.
CHAPTER IV
CONTRACT, FINANCE, ACCOUNT AND AUDIT
24. Execution of contracts, etc.
25. Authority Fund.
26. Other funds of the Authority.
27. General principles for the Authority finance.
28. Grants and subventions to the Authority.
29. Loans to the Authority.
30. Initial contribution of Government to the Authority Fund.
31. Powers to borrow and relend.
32. Depreciation reserve.
33. Government as guarantor.
34. Accounts and audit.
CHAPTER V
FEES AND CHARGES
35. Cost of water.
36. Cost of disposal of waste water.
37. Meter rent and fees for services.
38. Deposits.
39. Recovery of sums due to the Authority.
CHAPTER VI
WATER SUPPLY
40. Definition of supply of water for domestic purposes.
41. Water supply for domestic purposes not to be used for non-domestic purposes.
42. Licensed plumbers.
43. Prohibition of wastage of water.
44. Power to cut off water supply.
45. Prohibition of certain other acts.
CHAPTER VII
SEWERAGE
46. Right of owner or occupier to obtain sewer connection.
47. Power to require owner to have sewer connection.
48. Prohibition of connection with sewer without permission.
1976 : Mah. XLVIII] The Maharashtra Jeevan Authority 3
Act, 1976
49. Prohibition of construction of private street or building over sewer without permission.
50. Power to affix shaft etc. for ventilation of sewer or cess pool.
51. Power to examine and test sewer etc. believed to be defective.
52. Prohibition of certain other acts.
53. Power of entry, survey etc.
54. Power to disinfect tanks, pools and wells.
CHAPTER VIII
PENALTIES AND PROCEDURE
55. General penalty.
56. Cognizance of offence.
57. Offences by companies.
58. Power to arrest person committing an offence and refusing to give name and address.
59. Compounding of offences.
CHAPTER IX
EXTERNAL CONTROL
60. Directions to the Authority on questions of policy.
61. Annual report, statistics, returns and other information by the Authority.
CHAPTER X
MISCELLANEOUS
62. Duty of local bodies to assist.
63. General power to pay compensation.
64. Protection for acts done in good faith.
CHAPTER XI
RULES, REGULATIONS AND BYE-LAWS
65. Rules.
66. Regulations.
67. Bye-laws.
4 The Maharashtra Jeevan Authority [1976 : Mah. XLVIII
Act, 1976
1976 : Mah. XLVIII] 5
LIST OF AMENDMENT ACTS
1. Amended by Mah. 8 of 19801 (28-9-1979)
2. Amended by Mah. 3 of 19832 (12-10-1982)
3. Amended by Mah. 18 of 19963 (28-6-1996)
4. Amended by Mah. 25 of 19974 (10-3-1997)
5. Amended by Mah. 4 of 19995 (13-11-1998)
6. Amended by Mah. 4 of 20026 (12-11-2001)
1 Maharashtra Ordinance No. IX of 1979 was repealed by Mah. 8 of 1980, s. 5(1).
2 Maharashtra Ordinance No. XV of 1982 was repealed by Mah. 3 of 1983, s. 6.
3 Maharashtra Ordinance No. X of 1996 was repealed by Mah. 18 of 1996, s. 6.
4 Maharashtra Ordinance No. X of 1997 was repealed by Mah. 25 of 1997, s. 13.
5 Maharashtra Ordinance No. XIII of 1998 was repealed by Mah. 4 of 1999, s. 5.
6 Maharashtra Ordinance No. XXXVI of 2001 was repealed by Mah. 4 of 2002, s. 13.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
6 The Maharashtra Jeevan Authority [1976 : Mah. XLVIII
Act, 1976
1976 : Mah. XLVIII] The Maharashtra Jeevan Authority 7
Act, 1976
MAHARASHTRA ACT No. XLVIII OF 19761
[THE MAHARASHTRA JEEVAN AUTHORITY ACT, 1976.]
[This Act received the assent of the President on the 1st day of November 1976; assent
was first published in the Maharashtra Government Gazette, Part IV on
the 11th day of November 1976.]
An Act to provide for establishment of a 2[Jeevan Authority]
for rapid development and proper regulation of water supply and
sewerage services in the State of Maharashtra.
WHEREAS, it is expedient to provide for establishment of a 3[Jeevan Authority] for rapid
development and proper regulation of water supply and sewerage services in the State of Maharashtra
and for other matters connected therewith; It is hereby enacted in the Twenty -seventh Year of t he
Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
4[Jeevan Authority] Act, 1976.
(2) It extends to the whole of the State of Maharashtra, excluding the cantonment areas.
(3) It shall come into force on such date 5 as the State Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed for different provisions of this Act; and
references in any provisions to the date of commencement of this Act shall be construed as reference to
the date of commencement of that provision.
2. Definitions.— In this Act, unless the context otherwise requires,—
(i) 6[“Authority”] means the Maharashtra 7[Jeevan] 8[Authority] established under section 3;
(ii) “bye-laws” means bye-laws made under this Act;
(iii) “cess-pool” includes a settlement tank or other tank to receive or dispose of foul matters
from any premises;
(iv) “Chairman” means the Chairman of 9[the Authority];
(v) “communication pipe” means any pipes or system of pipes, along with all fittings
thereto, by means of which water is supplied to any premises from the main, and includes a
connection pipe, service pipe, meter or other fittings;
(vi) “connection pipe” means any water pipe from a ferrule to stop -cock connecting the
main of the local body or 10[the Authority], as the case may be, with the service pipe;
(vii) “consumer” means any person getting the benefit of any water supply or sewerage
service from the local body or 11[the Authority], as the case may be;
1 For Statement of Objects and Reasons L. A. Bill No. LVI of 1976, see Maharashtra Government Gazette, 1976, Part V,
Extraordinary No. 69, dated 29th July 1976, pages 539-540.
2 These words were substituted for the words “Water Supply and Sewerage Board” by Mah. 25 of 1997, s. 2.
3 These words were substituted for the words “Water Supply and Sewerage Board” by Mah. 25 of 1997, s. 3.
4 These words were substituted for the words “Water Supply and Sewerage Board” by Mah. 25 of 1997, s. 4.
5 Sections 1 and 2, 3 to 17, 24 to 31, 33, 34 and 60 to 67 came into force on 1 st January 1977, vide G. N., U. D. & P. H. D.,
No. WSB. 3676/6409/UD-22, dated 16th December 1976.
6 This word was substituted for the word “Board” by Mah. 25 of 1997, s. 5.
7 This word was substituted for the words “Water Supply and Sewerage” by Mah. 25 of 1997, s. 6(a).
8 This word was substituted for the word “Board” by Mah. 25 of 1997, s. 5.
9 This word was substituted for the word “Board” by Mah. 25 of 1997, s. 5.
10 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
11 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
8 The Maharashtra Jeevan Authority [1976 : Mah. XLVIII
Act, 1976
(viii) “domestic sewage” means waste water from residential premises, boarding and
lodging houses, hotels, public places, offices and all such est ablishments as are not a part of any
trade or industry, and arising out of personal and normal human activities such as drinking,
bathing, ablution, washing and cooking;
(ix) “drain” means a sewer, tunnel, pipe, ditch, gutter or channel or any cistern, fl ush-tank,
septic tank or other device for carrying off or treating sewage, offensive matter, polluted water,
sullage, waste water or sub-soil water, and includes any culvert, ventilation shaft or pipe or other
appliances or fittings connected with such dra in, and any ejectors, compressed air mains, sealed
sewage mains and special machinery or apparatus for raising, collecting, expelling or removing
sewage or offensive matter from any place;
(x) “ferrule” means a ferrule connecting the connection pipe with the main;
(xi) “local area” means the area falling within the jurisdiction of a local body;
(xii) “local body” means a Municipal Corporation, Municipal Council, Zilla Parishad or
Village Panchayat established under any law for the time being in force;
(xiii) “Maharashtra Environmental Engineering Service” means the organisation functioning
for this purpose as a wing of the Urban Development and Public Health Department of the
Government of Maharashtra 1[and comprising of the following categories of offic ers and
servants, namely :—
(1) all Engineers belonging to the Maharashtra Environmental Engineerin g Service,
Class I and Class II;
(2) all officers and servants, not covered under ( 1) above, who are appointed
exclusively on the establishment of the orga nisation and who have no lien on any post in
any other Department of the Government of Maharashtra;
(3) all officers and servants belonging to the technical staff borne on Mechanical
Engineering cadre of the Irrigation Department of the Government of Maha rashtra, who are
for the time being serving in the organisation;
(4) all officers and servants belonging to the ministerial and non-ministerial staff of the
Irrigation Department, who are for the time being serving in the organisation;]
(xiv) “main” means a pipe laid by the local body or 2[the Authority], as the case may be, 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;
(xv) “Member” me ans a Member of 3[the Authority], and includes the 4[Chairman,
Co-Chairman and] 5[the Vice-Chairman] of 6[the Authority];
(xvi) “Member-Secretary” means the Member-Secretary of 7[the Authority];
(xvii) “non-official Member” means a Member, not being an ex-officio Member;
(xviii) “occupier”, in relation to any premises means the following :—
(a) any person for the time being paying or liable to pay rent or any portion thereof to
the owner in respect to those premises;
(b) an owner who is in occupation of those premises;
(c) a tenant of those premises who is exempt from payment of rent;
(d) a licensee who is in occupation of those premises; and
1 This was added by Mah. 8 of 1980, s. 2.
2 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
3 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
4 These words were substituted for the words “Chairman and” by Mah. 25 of 1997, s. 6(b).
5 These words were substituted for the words “the Vice-Chairman” by Mah. 18 of 1996, s. 2.
6 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
7 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
1976 : Mah. XLVIII] The Maharashtra Jeevan Authority 9
Act, 1976
(e) any person, who is liable to pay damages to the owner in respect of use a nd
occupation of those premises;
(xix) “owner”, in relation to any premises, means the person who receives the rent of the
said premises or who would be entitled to receive the rent thereof if the premises were let,
and includes—
(a) an agent or trustee who receives such rent on account of the owner;
(b) an agent or trustee who receives the rent of, or is entrusted with the management of
any premises devoted to religious or charitable purposes;
(c) a receiver or manager appointed by any Court of competent jurisdiction to have the
charge of, or to exercise the rights of an owner of the said premises, and
(d) a mortgagee-in-possession;
(xx) “premises” means any land or building or any part of a building;
(xxi) “prescribed” means prescribed by rules;
(xxii) “private street”, “public s treet” and “street”, in relation to any local area, shall have
the meanings assigned to them in the law relating to the local body having ju risdiction over that
local area;
(xxiii) “regulations” means regulations made under this Act;
(xxiv) “rules” means rules made under this Act;
(xxv) “service pipe” means any pipe other than the connection pipe beyond the stop -cock by
means of which water is supplied to any premises;
(xxvi) “sewage” means night -soil and other contents of water closets, latrines, privie s,
urinals, cess-pools or drains, and polluted water from sinks, bath rooms, stables and other like
places, and includes trade effluents;
(xxvii) “sewer” means a closed conduit for carrying sewage, offensive matter, polluted
water, waste water or sub-soil water;
(xxviii) “sewerage” means a system of collection of waste water from a community from its
houses, institutions, industry and public places, the pumping treatment and disposal of such waste
water, effluent, sludge, gas and other end products;
(xxix) “stop-cock” means a stop-cock fitted at the end of the connection pipe away from the
main for the purpose of switching off and regulating the water supply to any premises;
(xxx) “trade effluent” means any liquid either with or without particles of matt ers in
suspension therein, which is wholly or in part produced or discharged in the course of any trade
or industry, including agriculture and horticulture, but it does not include domestic sewage;
(xxxi) “water connection” includes—
(a) any tank, cistern, hydrant, stand-pipe, meter or tap, situated on any private property
and connected with a main or other pipe belonging to the local body or 1[the Authority], as
the case may be;
(b) the water pipe connecting, such a tank, cistern, hydrant, stand -pipe, meter or tap,
with such main or pipe;
(xxxii) “water supply” means a system of providing water to a community for meeting its
requirement for drinking and other domestic uses, industry, recreation and various public uses;
(xxxiii) “water works” includes water channel (including stream, lake, spring, river or canal,
well, other underground water source, pump, galleries, reservoir, cistern, tank), duct, whether
covered or open, treatment units sluice, supply main culvert, engine, water-truck, hydrants, stand-
1 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
10 The Maharashtra Jeevan Authority [1976 : Mah. XLVIII
Act, 1976
pipe, conduit and machinery, land, building or other things for supplying or used for supplying
water or for protecting sources of water supply or for treatment of water.
CHAPTER II
ESTABLISHMENT, CONDUCT OF BUSINESS, DUTIES AND POWERS OF 1[THE AUTHORITY]
3. Establishment of 2[the Authority].— (1) As soon as may be after the commencement of this
Act, the State Government shall, by notification in the Official Gazette, with effect from a date to be
specified therein establish for the purposes of this Act 3[an Authority] to be called “the Maharashtra
4[Jeevan Authority].”
(2) 5[The Authority] shall be a body corporate, having perpetual succession and a common seal,
with powers, subject to the provisions of this Act, to acquir e, hold or dispose of property, both
moveable and immoveable, and to contract, and may sue or be sued by its corporate name aforesaid.
(3) 6[The Authority] shall be deemed to be a local authority as defined in the Bombay General
Clauses Act, 1904 (Bom. I of 1904).
7[4. Constitution of 8[the Authority].— (1) On and from the date of commencement of the
Maharashtra Water Supply and Sewerage Board (Amendment) Act, 1996 (Mah. XVIII of 1996)
(hereinafter in this section referred to as “the commencement date”), in place of the existing Members
9[the Authority] shall consist of the following Members, namely :—
(a) the Minister for Water Supply and
Sanitation.
. . ex-officio Chairman;
10[(aa) the Minister for Urban
Development
. . ex-officio Co-Chairman;
(bb) the Minister for Rural Development . . ex-officio Co-Chairman;]
(b) the Minister of State for Water
Supply and Sanitation.
. . ex-officio Vice-Chairman;
(c) the Minister of State for Urban
Development.
. . ex-officio Vice-Chairman;
(d) six official Members, not below the rank of Secretary to Government to be appointed by
the State Government to represent,—
(i) the Water Supply and Sanitation Department,
(ii) the Urban Development Department,
(iii) the Rural Development and Water Conservation Department,
(iv) the Finance Department,
(v) the Industries, Energy and Labour Department; and
(vi) the Public Health Department;
(e) two Members to be appointed by the State Government one each from amongst,—
1 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
2 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
3 These words were substituted for the words “a Board” by Mah. 25 of 1997, s. 5.
4 These words were substituted for the words “Water Supply and Sewerage Board” by Mah. 25 of 1997, s. 7.
5 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
6 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
7 Section 4 was substituted by Mah. 18 of 1996, s. 3.
8 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
9 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
10 These clauses were inserted by Mah. 25 of 1997, s. 8(a)(i).
1976 : Mah. XLVIII] The Maharashtra Jeevan Authority 11
Act, 1976
(i) the Mayors of the Municipal Corporations and the Presidents of the Municipa l
Councils; and
(ii) the Presidents of the Zilla Parishads;
(f) 1[six Members] to be appointed by the State Government who, in the opinion of the State
Government, have special knowledge or practical experience in the field of Water Supply or
Sewerage; and
(g) the Member-Secretary to be appointed by the State Government.
(2) Notwithstanding anything contained in this Act, with effect from the commencement date, all
the powers, duties and functions of 2[the Authority] shall, at any time, be exercised, pe rformed and
discharged by the Members, who are for the time being holding offices specified in 3[clauses (a), (aa),
(bb), ( b)], ( c), ( d) and ( g) of sub -section ( 1), and 4[the Authority] shall be deemed to be validly
constituted even though all or any of th e other Members may or may not have been appointed for the
time being.
(3) Appointments made, from time to time, as Members under clauses ( d), ( e) and ( f) of
sub-section (1) shall be published in the Official Gazette.
5. Disqualification for being non -official Member.— A person shall be disqualified for being
appointed or continuing as a non-official Member, if he—
(a) has been convicted of an offence involving moral turpitude;
(b) is an undischarged insolvent;
(c) is of unsound mind and stands so declared by a competent Court;
(d) holds, except as provided in sections 6 and 7, any office of profit under 5[the Authority];
(e) has, directly or indirectly by himself or by any partner, employer or employee, any share
or interest, whether pecuniary or of any other nature, in any contract or employment with, by or
on behalf, of 6[the Authority]; or
(f) is a Director, Secretary, Manager or other officer of any company, which has any share
or interest in any contract or employment with, by or on behalf of the 7[Authority]:
Provided that, a person shall not be disqualified under clause ( e) or clause ( f) by reason only of
his or the 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 immoveable propert y or any agreement for the
same;
(ii) any agreement for loan of money or any security for payment of money only;
(iii) any newspaper in which any advertisement relating to the affairs of 8[the Authority] is
published;
(iv) the occasional sale to 9[the Authority] upto a value not exceeding ten thousand rupees in
any one year, of any article in which he or the company regularly trades.
1 These words were substituted for the words “four Members” by Mah. 25 of 1997, s. 8(a)(ii).
2 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
3 These words, brackets and letters were substituted for the word s, brackets and letters “clauses ( a), (b)” by Mah. 25 of
1997, s. 8(b).
4 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
5 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
6 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
7 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
8 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
9 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
12 The Maharashtra Jeevan Authority [1976 : Mah. XLVIII
Act, 1976
1[6. Term of office of Members. — (1) A person appointed as Member 2[under clause (e)
or (f)] of sub-section (1) of section 4 shall hold office for three years from the date of his appointment,
unless his term of office is determined earlier by the State Government, by notification in the
Official Gazette.
3* * * * * *
(3) The Member -Secretary shall hold office for such period as the State Government may by
order specify.
(4) The Members shall be eligible for re-appointment.
(5) Any Member may at any time resign his office by writing under his hand addressed to the
State Government and, on such resignation being accepted, he shall be deemed to have
vacated his office.
4[6A. Temporary absence of Members. — 5[(1) In the absence of t he Chairman, the Minister
for Urban Development being the Co -Chairman, and in the absence of the both, the Minister for Rural
Development, being the other Co -Chairman, and in the absence of all the said three, the Minister of
State for Water Supply and San itation, being the Vice -Chairman, and in his absence, the Minister of
State for Urban Development, being the other Vice -Chairman, shall be competent to carry out the
duties and functions of the Chairman.]
(2) If any member, other than an ex-officio Member of 6[the Authority] is, by reason of illness or
otherwise, rendered temporarily incapable of carrying out his duties or is granted leave of absence by
the State Government, or is otherwise unable to attend to his duties, in the circumstances not involving
the cessation of his membership, the State Government may appoint another person to act for him as
the Member to carry out his duties and functions as are allotted by or under this Act. Such person shall
vacate office on the date when the Member resumes his duties.]]
7. Other provisions regarding Members.— (1) The 7* * * Member-Secretary shall be
paid from 8[the Authority] fund such salary and allowances as may be fixed by the State Government.
(2) The other members of 9[the Authority] shall be paid such allowances as may be fixed by the
State Government.
10* * * * * *
8. Officers and servants of 11[the Authority] and their recruitment and conditions of
service.— (1) 12[The Authority] may appoint such officers and servants as it considers necessary for
the efficient performance of its duties and discharge of its functions against posts sanctioned by the
State Government. The recruitment and the conditions of service of the officers and servants of 13[the
Authority] shall be determined by regulations.
14[(1A) (i) Subject to the provisions of sub-section (1), no person shall be appointed to the post of
Engineer, Grade-I and II, except after consultation with the Maharashtra Public Serv ice Commission
1 Sections 6 and 6A were substituted for the original by Mah. 3 of 1983, s. 4.
2 These words, brackets and letters were substituted for the words, brackets and letters “under clause ( c), ( d) or ( f)”
by Mah. 18 of 1996, s. 4(a).
3 Sub-section (2) was deleted by Mah. 18 of 1996, s. 4(b).
4 Section 6A was substituted by Mah. 18 of 1996, s. 5.
5 Sub-section (1) was substituted by Mah. 25 of 1997, s. 9.
6 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
7 The words “Chairman and the” were deleted by Mah. 3 of 1983, s. 5(a).
8 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
9 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
10 Sub-section (3) was deleted by Mah. 3 of 1983, s. 5(b).
11 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
12 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
13 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
14 This sub-section was inserted by Mah. 25 of 1997, s. 10.
1976 : Mah. XLVIII] The Maharashtra Jeevan Authority 13
Act, 1976
constituted for the State of Maharashtra under the Constitution of India (hereinafter referred to a s “the
Commission”);
(ii) The State Government shall, after consultation with the Authority and the Commission,
make rules prescribing,—
(a) the procedure to be followed by the Commission in advertising the post, calling for
applications, scrutinising the same and selecting the candidates for interview;
(b) the procedure for enabling the officer or officers of the Authority to attend the i nterview
to advise the Commission;
(c) the procedure to be followed in case there is a difference of opinion between t he
Authority and the Commission;
(d) the fees and other costs to be paid to the Commission by the Authority for consultati on
and other incidental matters;
(e) any other matter which is necessary or incidental for the purpose of consultation with the
Commission.
(1B) all the fees paid to the Commission under this section shall be credited to the State
Government.]
(2) 1[The Authority] ma y, with the previous approval of the appropriate Government, appoint a
servant of the Central Government or the State Government as an employee of 2[the Authority] on such
terms and conditions as it thinks fit.
(3) Subject to the superintendence of 3[the Authority], the Member -Secretary shall be the Chief
Executive officer of 4[the Authority]. He shall supervise and control all its officers and servants
including any officers of Government appointed on deputation to 5[the Authority].
9. Authentication of orders etc. of 6[the Authority].— All proceedings of 7[the Authority] shall
be authenticated by the signature of the Chairman or of any Member authorised by the Chairman and
all other orders and instruments of 8[the Authority] shall be authenticated by the signature of the
Member-Secretary or of any other officer of 9[the Authority] as may be authorised in this
behalf by regulations.
10. Assistance of Government Officers, etc. — 10[The Authority] may invite any officer of
Government or local body or other person to attend its meeting for the purpose of assisting or advising
it on any matter. The person so invited may take part in the proceedings of 11[the Authority], but shall
have no right to vote.
11. Delegation of powers. — Subject to the provisions of t his Act, 12[the Authority] may, by
general or special order, delegate, either unconditionally or subject to such conditions, including the
condition of review by itself, as may be specified in the order, to any committee appointed by it or to
the Chairman o r the Member -Secretary or any other officer of 13[the Authority] such of its powers,
duties and functions under this Act as it deems fit, not being its powers, duties and functions under
sections 34, 66 and 67.
1 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
2 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
3 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
4 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
5 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
6 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
7 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
8 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
9 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
10 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
11 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
12 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
13 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
14 The Maharashtra Jeevan Authority [1976 : Mah. XLVIII
Act, 1976
12. Disqualification for participation in pro ceedings of 1[the Authority] or Committee on
account of interest. — (1) Any Member of 2[the Authority] or of a committee appointed by 3[the
Authority], who—
(a) has any share or interest of the nature, described in clause (e) or clause (f) of section 5 in
respect of any matter, or
(b) has acted professionally, in relation to any matter on behalf of any person having therein
any such share or interest as aforesaid,
shall not, notwithstanding anything contained in the proviso to section 5, vote or take part in
any proceedings (including any discussion on any resolution or question) of 4[the Authority] or
committee thereof relating to such matter.
(2) If any Member of 5[the Authority] or of a committee appointed by 6[the Authority] has
directly or indirectl y any interest in any area in which it is proposed to acquire land for any of the
purposes of this Act, he shall not take part in any meeting of 7[the Authority] or committee thereof in
which any matter relating to such land is considered.
(3) Nothing in sub-section (1) or (2) shall prevent any Member of 8[the Authority] or a committee
thereof from voting on, or taking part in the discussion of, any resolution or question relating to any
subject other than a subject referred to in these sub-sections.
13. Acts not to be invalidated by vacancy, informality, etc. — No act done or proceedings
taken under this Act by 9[the Authority] or a committee appointed by 10[the Authority] shall be
invalidated merely on the ground of—
(a) any vacancy of a Member or any de fect in the constitution or reconstitution of 11[the
Authority] or a committee thereof; or
(b) any defect or irregularity in the appointment of a person as a Member of 12[the
Authority] or of a committee thereof; or
(c) any defect or irregularity in such act or proceedings, not affecting the substance.
14. Duties and functions of 13[the Authority].— The duties and functions of 14[the Authority]
shall be as follows, namely :—
(a) to prepare, execute, promote and finance the schemes for supply of water and fo r
sewerage and sewerage disposal;
(b) to render all necessary services in regard to water supply and sewerage to the State
Government and local bodies and on request to private institutions or individuals also;
(c) to prepare draft State Plans for water supply, sewerage and drainage on the directions of
the State Government;
1 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
2 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
3 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
4 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
5 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
6 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
7 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
8 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
9 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
10 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
11 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
12 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
13 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
14 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
1976 : Mah. XLVIII] The Maharashtra Jeevan Authority 15
Act, 1976
(d) to review and advise on the tariff, taxes, fees, and charges of water supply and sewerage
systems, in the areas of 1[the Authority] and the local bodies which have entered into a n
agreement with 2[the Authority];
(e) to assess the requirements of materials and arrange for their procurement and utilisation;
(f) to establish State standards for water supply and sewerage services;
(g) to review annually the technical, financial, e conomic and other aspects of water supply
and sewerage system of every scheme of 3[the Authority] or the local bodies which have entered
into an agreement with 4[the Authority];
(h) to establish and maintain a facility to review and apprise the technical, financial,
economic and other pertinent aspects of every water supply and sewerage scheme in the State;
(i) to operate, run and maintain any water works and sewerage system, if and when directed
by the State Government, on such terms and conditions and f or such period as may be specified
by the State Government;
(j) to assess the requirements for man -power and training in relation to water supply and
sewerage services in the State;
(k) to carry out applied research for efficient discharge of the duties and functions of 5[the
Authority];
(l) to perform such of the duties and functions, which are being performed by the
Maharashtra Environmental Engineering Service, as may be specified, from time t o time, by the
State Government;
(m) to perform and discha rge such other duties and functions as are allotted to 6[the
Authority] under other provisions of this Act or as may be entrusted to it by the State
Government.
15. Powers of 7[the Authority].— (1) 8[The Authority] shall, subject to the other provisions of
this Act, have power to do anything which may be necessary or expedient for performing its duties and
discharging its functions under this Act.
(2) Without prejudice to the generality of the foregoing provisions, such powers shall include
the power—
(a) to inspect all water supply and sewerage facilities in the State by whomsoever they are
operated ;
(b) to obtain such periodic or specific information from any local body and operating agency
as 9[the Authority] may deem necessary;
(c) to provide training for its own personnel as well as for employees of the local bodies;
(d) to prepare and carry out schemes for water supply and sewerage;
(e) to lay down the schedule of fees and other charges for all kinds of services rendered by
10[the Authority] to the State Government, local bodies, institutions or individuals;
1 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
2 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
3 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
4 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
5 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
6 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
7 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
8 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
9 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
10 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
16 The Maharashtra Jeevan Authority [1976 : Mah. XLVIII
Act, 1976
(f) to enter into contract or agreement with any person or persons as 1[the Authority] may
deem necessary, for performing its duties and discharging its functions under this Act;
(g) to adopt its own budget annually;
(h) to approve tariffs for water supply and sewerage services applicable to respective local
areas comprised within the jurisdiction of 2[the Authority] and such local bodies as have entered
into an agreement with 3[the Authority];
(i) to manage all its affairs so as to provide the people of the area within its jurisdiction with
wholesome water and, where feasible, efficient sewerage services;
(j) to take such other measures as may be necessary, to ensure water s upply in times of any
emergency;
(k) to acquire, possess and hold lands and other property and to carry any water or sewerage
works through, across, over or under any highways, roads, streets, or place and, after reasonable
notice in writing to the owner or occupier into, through over or under any building or land;
(l) to abstract water from any natural source and dispose of waste water;
(m) to raise, borrow or secure money on such terms and conditions as may be expedient, and
in particular by way of loans and advance s, deposits and issue of debentures and obtain
subventions or mortgages from public institutions like the Life Insurance Corporation of India,
banks and any international organisations or from the State and Central Governments, for
drinking water supply an d sewerage schemes or any other scheme s for improvement of
sanitation;
(n) to receive grants from the State Government, the Central Government and the local
bodies for water supply and sewerage or any other sanitation improvement schemes;
(o) to repay in stalments of loans and pay interest on the principal thereof to the lenders as
per mutually agreed terms and conditions;
(p) to advance loans to the local bodies or Government for their water supply and sewerage
schemes on such terms and conditions as may be specified by 4[the Authority];
(q) to recover from the local bodies or Government principal and interest thereon in respect
of loans advanced to them by 5[the Authority];
(r) to incur such expenditure as 6[the Authority] may deem necessary for perform ing its
duties and functions under this Act;
(s) to exercise such other powers as are conferred on 7[the Authority] under other provisions
of this Act.
16. Powers of 8[the Authority] to give directions and to call for returns, reports, etc. —
(1) Notwithstanding anything contained in any other law for the time being in force, 9[the Authority]
may give such directions to any local body, with regard to the implementation of any water supply or
sewerage scheme financed by it under clause ( a) of section 14, as it thinks fit, and such body shall be
bound to comply with such directions.
1 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
2 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
3 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
4 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
5 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
6 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
7 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
8 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
9 These words were substituted for the words “the Board” by Mah. 25 of 1997, s. 5.
1976 : Mah. XLVIII] The Maharashtra Jeevan Authority 17
Act, 1976
(2) In case any local body is aggrieved by any such directions or experiences any difficulty in
complying with the same, it shall refer the matter to the State Government whose decision thereon shall
be final.
(3) 1[The Authority] shall have power to call for any return, statement of accounts, report,
statistics or other information from any local body or other body or individual, which is required by it
for the exercise of its powers and performance and discharge of its duties and functions under this Act,
and such body or individual shall be bound to furnish such information.
17. Supervision and centage charges. — 2[The Authority] may include in the cost of any
scheme or work the execution or further execution whereof is undertaken under clause ( a) of section
14, supervision and centage charges at such rate, not exceeding such limit as may be prescribed, as it
may determine under clause (e) of sub-section (2) of section 15.
CHAPTER III
VESTING OF PROPERTY, ASSETS, LIABILITIES AND
OBLIGATIONS AND TRANSFER OF EMPLOYEES
18. Vesting and transfer of property to 3[the Authority].— (1) From such different dates as
may be specified, from time to time, by the State Government (hereina fter in this section referred to as
“the appointed date”),—
(a) the properties and assets (including water works, buildings, laboratories, stores, vehicles,
furnitures and other furnishing), specified in that behalf, which immediately before the appointed
date, were vested in the State Government for the purposes of the Maharashtra Environmental
Engineering Service, shall vest in and stand transferred to 4[the Authority]; and
(b) the rights, liabilities and obligations of the State Government, whether arising out of any
contract or otherwise pertaining to the said service, shall be the rights, liabilities and obligations
of 5[the Authority].
(2) such properties, assets, rights, liabilities and obligations shall valued in such manner as the
State Government may determine. Excerpt shown. Open the full act in Lexace.