The jaipur water supply and sewerage board act, 2018
Rajasthan · state statute
Open in Lexace · Ask the AI about this act1 THE JAIPUR WATER SUPPLY AND SEWERAGE BOARD ACT, 2018 (Act No. 24 of 2018) [Received the assent of the Governor on the 1st day of October, 2018] An Act to provide for the establishment and incorporation of the water supply and sewerage board for the ma nagement of water supply and sewerage system in Jaipur Urban Area and matters connected therewith and incidental thereto. Be it enacted by the Rajasthan State Legislature in the Sixty-ninth year of the Republic of India, as follows:- CHAPTER – I Preliminary 1. Short title, extent and commencement. - (1)This Act may be called the Jaipur Water Supply and Sewerage Board Act, 2018. (2) It extends to the whole of the Jaipur Urban Area. (3) It shall come into force on such date as the Government may, by notification, appoint. 2. Definitions.- In this Act, unless the context otherwise requires,- (i) “Board” means the Jaipur Water Supply and Sewerage Board constituted under section 3; (ii) “bulk water hauling” means the physical transport of water th rough a pipeline or by a vehicle having a permanently mounted or detachable water tank; (iii) “CPHEEO” means the Central Public Health and Environmental Engineering Organization, a technical wing of Ministry of Housing and Urban Affairs, Government of India; (iv) “cesspool” includes a settlement tank or other tank to receive or dispose of foul matter from any premises; (v) “Committee” means any committee constituted under sections 14 and 15; (vi) “communication pipe” means – (a) where the premises suppli ed 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 it lies between the main and the boundary of the street in which the main is laid and i ncludes the ferrule at the junction of the service pipe with the main, and also – 2 (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; (vii) “domestic sewage” means the waste water from the residential premises, boarding and lodging houses, hostels, hotels, public places, offices and all other establishments as are not a part of any trade or industry, and arising out of personal and normal human acti vities such as drinking, bathing, ablution, washing and cooking; (viii) “drain” includes a sewer, tunnel, pipe, ditch, channel or any other device for carrying spillage, sewage, sullage, offensive matter, polluted water, waste water, rain water or sub -soil water together with pail depots, traps, sinks, cisterns, flush tanks, and other fittings appertaining thereto; (ix) “Fund” means the Jaipur Water Supply and Sewerage Board Fund constituted under section 18; (x) “ground-water” means the water which e xists below the surface of the ground at any particular location; (xi) “Jaipur Urban Area” means the territorial area within the limits of Jaipur Nagar Nigam as notified by the Government under clause (xxxix) of section 2 of the Rajasthan Municipalities A ct, 2009 (Act No. 18 of 2009) and includes such other areas as may be notified by the Government from time to time; (xii) “Licensed Engineer or Plumber” means a person licensed under the provisions of this Act as an Engineer or Plumber; (xiii) “local authority” means a Municipality or a Panchayat or an Authority, or Board or any agency entrusted by the Government with the control or management of water and sewerage systems in the Jaipur Urban Area; (xiv) “notification” means a notification published in th e Official Gazette and the expressions “notify” and “notified” shall be construed accordingly; (xv) “premises” means any land or building or any part of land or building; (xvi) “prescribed” means prescribed by rules made under this Act; (xvii) “main” means a pipe laid by the local authority, or the Board, as the case may be, for the purpose of giving general supply of water as distinct from supply to individual consumers, and includes any apparatus used in connection with such pipe; (xviii) “regulations” means regulations made under this Act; (xix) “rules” means rules made under this Act; (xx) “scheme” means any scheme relating to the provision of water supply and sewerage system and matters incidental thereto; 3 (xxi) “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 taps; (xxii) “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 effluent and discharges from manufacturers of all kinds; (xxiii) “sewer” means any device for carrying of sewage, sullage, rain water, offensive matter, polluted water, waste water or sub -soil water and includes a drain; (xxiv) “sewerage” means a system of sewers for collection, treatment or disposal of sewage and includes sewerage works; (xxv) “sewerage works” includes any sewer channel, duct, collect ion or treatment or disposal units, pumping station, engine, mobile collecting unit, and other machinery and any adjacent land not being private property and any land, building or other things for collection or treatment or disposal of sewage; (xxvi) “sink” with all its grammatical variations and cognate expressions in relation to any existing well or new well includes digging, drilling or boring of new well and deepening carried out in the existing well, for exploitation of ground-water; (xxvii) “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 causeway; (xxviii) “supply pipe” means so much of any service pipe as is not a communication pipe; (xxix) “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 o n 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 those premises, but does not include domestic sewage; (xxx) “trade premises” means any p remises used or intended to be used for carrying on any trade or industry; (xxxi) “water fittings” includes pipes (other than mains), taps, valves, meters, bath and other similar apparatus used in connection with the supply of, and used for conveying or storing, water; (xxxii) “water works” includes all lakes, tanks, streams, springs, pumps, wells, reservoirs, water trucks, mains, clusters, pipes, standpipes, hydrants and all lands, buildings, plants, equipments and machineries, bridges and things used for or intended for the purposes of water supply; and 4 (xxxiii) “well” means a structure sunk for search or extraction of ground -water by any person, except by the authorized officials of the Government or Government of India, for carrying out scientific inve stigation, exploration, development, augmentation, conservation, protection or management of ground water and includes an open well, dug well, bore well, dug -cum-bore well, tube well, filter point, collection well or infiltration gallery, recharge well, disposal well, or any of their combinations or variations, except any manual operated device for extraction of ground water. CHAPTER – II Establishment and Constitution of the Board 3. Constitution of the Board. - (1) There shall be established a Board by th e name of “Jaipur Water Supply and Sewerage Board” hereinafter called the “Board”. (2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act and the rul es made thereunder, to acquire, hold and dispose of property, and to enter into contracts, and shall by the said name sue and be sued. (3) The Board shall for all purposes be deemed to be a local authority. (4) The Board shall consist of Chairperson and o ther official and non -official members, not exceeding fifteen persons, as may be prescribed, and appointed by the Government. (5) The non -official members shall be eminent persons one each from the water sector and sewerage sector and the third member shal l be an elected representative to represent the interest of general public. 4. Term of office and conditions of service of non -official members. - Every non - official member shall hold office for a period of three years from the date on which he enters upon his office. The salary, allowances and other terms and conditions of service of the non - official members shall be such as may be prescribed by rules. 5. Resignation of a member .- Any member may resign his office by giving notice in writing to the Gov ernment and on such resignation being accepted by the Government, such member shall be deemed to have vacated his office. 6. Removal of a member. - (1) Subject to the provisions of section 8, the Government may, by notification remove any member of the Boar d from his office on the ground of proved misbehaviour after the Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf, reported that the member, ought on any such ground to be removed. (2) The Government may, duri ng the period of inquiry as specified in sub -section (1), against any member, suspend such member of the Board. (3) Notwithstanding anything contained in sub -section (1), the Government may, by order, remove from office, the Chairperson or any other member , if the Chairperson or such other member, as the case may be,- (a) has been adjudged an insolvent; or 5 (b) has been convicted of an offence which, in the opinion of the Government involves moral turpitude; or (c) has become physically or mentally incapable of acting as Chairperson or member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his function as the Chairperson or member; or (e) has so abused his position as to render his continuance in office prejudicial t o the public interest. (4) Notwithstanding anything contained in sub -section (3), no member shall be removed from his office on the ground specified in clause (d) or clause (e), unless the Government has, on an inquiry, held by it in accordance with such p rocedure as prescribed in this behalf by the Government, reported that the Member ought on such ground or grounds to be removed. 7. Vacancies etc., not to invalidate proceedings of the Board. - No act or proceeding of the Board shall be invalid merely by reasons of- (a) any vacancy in, or any defect in the constitution of, the Board; or (b) any defect in the appointment of a person acting as member of the Board; or (c) any irregularity in the procedure of the Board not affecting the merits of the case. 8. Disqualifications for appointment on the Board. - (1) A person shall be disqualified for being appointed or for continuing as member of Board, if he– (a) has been convicted by a criminal court for an offence involving moral turpitude, unless such conviction has been set aside; (b) is an undischarged insolvent; (c) is of unsound mind; (d) has directly or indirectly, by himself or by any partner, employer or employee, any share or interest in any contract or employment with, by or on behalf of, the Board; or (e) is a Director or Secretary, Manager or other salaried 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 cl ause (d) or clause (e) 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 shareholder of such company: Provided that such person discloses to the Government the nature and extent of the shares held by him. 9. Authentication of orders and other instruments of the Board. - All orders and decisions of the Board shall be authenticated by the signature of the Chairperson or any member authorized by the Board in this behalf and all other instruments issued by the Board shall be 6 authenticated by the signature of such member or employee of the Board as may be authorized by the Board in this behalf. 10. Meetings of the Board. - (1) The Board shall meet at least once in three months at such place and at such time as the Chairperson may decide, and shall observe such rules of procedure in regard to the transaction of business at its meeting including the quorum th ereat as may be laid down by regulations. (2) If, for any reason the Chairperson is unable to attend any meeting, any other member of the Board, elected by the members thereof, present at the meeting, shall preside. 11. Managing Director of the Board. - (1) There shall be a Managing Director of the Board, who is an officer not below the rank of Joint Secretary or an expert in the water sector, appointed by the Government. Subject to the control and supervision of the Board, the Managing Director shall be the principal executive officer of the Board and shall be responsible for the custody and maintenance of all the records of the Board. (2) Where any proceedings or resolution of the Board or any of its Committees or order of the Chairperson is inconsiste nt with the provisions of this Act, rules and regulations made thereunder, it shall be the duty of the Managing Director to render advice to the Board, or Committee or the Chairperson mentioning the relevant provisions of law to bring out the provisions of this Act or the rules or regulations made thereunder and record in the proceedings of the meeting of the Board or Committee or on the order of the Chairperson the fact that he had tendered such advice and thereupon put up a note of dissent on such proceed ings, resolution, or as the case may be, the order and ensure the communication of the matter to the Government or any officer authorized by it in this behalf within seven days of passing such resolution or order, or as the case may be, undertaking such proceedings. (3) If the Managing Director knowingly neglects his duty under sub -section (2) he shall be personally liable to any loss incurred by the Board as a result of the proceedings, resolution or the order of the nature specified in that sub-section and such loss may be recovered from him. (4) After examining the note of dissent reported under sub-section (2), the Government or the officer authorized by it in this behalf, may make such interim or final order as he thinks fit, which shall be binding on the Board: Provided that if no such interim or final order is passed within a period of thirty days from the date of receipt of the dissent note, the Board may proceed with the proceedings or the resolution or, as the case may be, the order as if the dissent note was not put up. (5) The Managing Director or any other officer authorized in this behalf by the Government shall have the power, subject to the provisions of this Act and the rules made thereunder, to authenticate under his signatures all resoluti ons, all permissions which may be granted or given by the Board, Committee or order of Chairperson under this Act and no permission or order shall be legal and valid unless it has been so authenticated by the Managing Director or as the case may be, by such other officer. 7 (6) The Managing Director shall exercise such powers and discharge such duties as may be delegated to him by the Board or may be entrusted to him by the Government by a general or special order. (7) All correspondence addressed to or me ant for the Board shall ordinarily be sent in the name of the Managing Director but may also be sent to the Chairperson and all correspondence issued or made on behalf of the Board shall ordinarily be issued under the seal and signature of the Managing Director and may also be issued under the seal and signature of the Chairperson. (8) The Managing Director shall supervise and control all the officers and employees of the Board. 12. Appointment of staff of the Board. - (1)The Board may, with the prior app roval of the Government, appoint such number of officers and employees as it considers necessary for the performance of its duties and functions. (2) The salaries and allowances payable to and other conditions of service of the officers and employees shall be such as may be determined by regulations made under this Act. (3) The Government may, in consultation with the Board, appoint any Government officer or employee on deputation to the Board. (4) The Board with the prior approval of the Government may a lso engage such experts and technical persons on contract basis as it considers necessary to carry out its functions under this Act. 13. Transfer of employees of local authorities or other Government employees to the Board.- (1) As from the date notified by the Government, all existing employees working within the Jaipur Urban Area in connection with water supply and sewerage management and belonging to Public Health Engineering Department, Local Authorities and other Government agencies, shall stand deputed to the Board. The deputation of such employees shall initially be for a period of five years and during the period of their deputation they shall be deemed to be employees of the Board with such designation and shall discharge such functions as the Boa rd may determine. Such employees shall hold office at the same remuneration and on the same terms and conditions of service, as they would have held if the Board had not been established and shall continue to do so until such remuneration and terms and con ditions of service are duly altered by the Board. On expiry of the period of initial tenure of five years, such employees may be continued at their option as the employees of the Board or reverted to Public Health Engineering Department, Local Authority or Government agency , as the case may be. The other terms and conditions of service of officers and employees on transfer and on deputation to the Board shall be governed under the Rajasthan Service Rules and Finance Department Circular No. F.13(1)Fin/Rules /2003 dated 7.9.2006, as amended from time to time. (2) No officer or employee on deputation to the Board shall be entitled to any deputation allowance. 8 (3) The salaries and allowances of officers or employees on transfer and deputation to the Board shall be paid by the Board. (4) The terms and conditions of services of employees on deputation to the Board shall not be less advantageous than those applicable to them immediately before deputation and shall not be varied to their disadvantage except with the previous sanction of the Government. 14. Constitution of Tariff Committee and Project Formulation Committee. - (1) The Board shall constitute a Tariff Committee and a Project Formulation Committee consisting of its members and such other persons includ ing elected representatives under the jurisdiction of the Board as the Government may suggest. (2) The Tariff Committee shall assist the Board in the determination of tariff, rates, rentals, fees and such other charges assigned to the Board under this A ct. The Project Formulation Committee shall assist the Board in planning and implementation of schemes and projects. 15. Constitution of other Committees.- (1) The Board may constitute other Committees for such purposes and functions as may be specified in the regulations. (2) All the Committees constituted under the Act shall meet at such place and at such time, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations. (3) The members of the Committees may be paid such allowances for meeting the personal expenditure in attending the meetings and for attending to any other work of the Committees as may be prescribed. CHAPTER – III Contract, Finance, Accounts and Audit 16. Contract by or on behalf of the Board. - (1) The contracts by or on behalf of the Board shall be made in accordance with the following provisions, namely:- (a) every contract shall be made on behalf of the Board by the Managing Director and shall be in writing; (b) no such contract for any purpose which in accordance with any provision of this Act, the Managing Director may not carry out without the approval or sanction of Board or Government, shall be made by him until or unless such approval is granted; (c) the Managing Director may sanction any estimate or contract including that of technical and administrative nature involving such amount, as may be prescribed; and (d) all other estimates or contracts shall be sanctioned by the Board. 9 (2) Subject to provi sions of any other law for the time being in force, the manner and procedure for giving contracts by the Board, shall be such as may be prescribed. 17. Financial assistance from Government. - (1) The Government may, from time to time, give grants or financi al assistance to the Board with or without direction as to the manner in which such grants or financial assistance shall be applied. (2) The Government may, for giving such grants or assistance, lay down a scheme, which may include the conditions of release of such grants or financial assistance. 18. Fund of the Board. - (1) The Board shall constitute a fund to be known as the Jaipur Water Supply and Sewerage Board Fund to which shall be credited all moneys received by the Board. This fund shall be utilized strictly for the purposes of this Act and not otherwise. (2) Subject to such directions as the Government may issue in this behalf, the receipts and expenditures of the Board shall be kept under such heads of accounts, including those for water supply and sewerage and other account heads as may be prescribed and the general account head, in such manner, and in such form, as may be prescribed. (3) Every head of account specified under sub -section (2) of this section shall be split up into a revenue accou nt and a capital account and all items of receipts and expenditures shall be kept appropriately under such revenue account or capital account, as the case may be. 19. Application of Funds. - The moneys credited to the fund from time to time shall be applied for payment of all sums, charges and costs necessary for carrying out the purposes of this Act and the rules made thereunder and for payment of all sums payable out of the Fund under any other law for the time being in force. 20. Temporary payment from the Fund for works urgently required in public interest.- (1) On a requisition, in writing, by the Government, the Board may, at any time, require the Managing Director to undertake the execution of any work certified by the Government to be urgently required in the public interest and, for this purpose, to make payment for such work from the fund in so far as such payment may be made without unduly interfering with the regular work of the Board. (2) The cost of all work so executed, and the proportionate establishment charges for executing such work, shall be paid by the Government and credited to the Fund. 21. Power to incur expenditure beyond the limits of Board. -Notwithstanding anything contained elsewhere in this Act, the Board may, with the approval of the Government, authorize expenditure to be incurred, beyond the limits of the Jaipur Urban Area, for creation and maintenance of physical assets for carrying out the purposes of this Act. 22. Exclusive use of the Fund for particular purpose. - Notwithstanding anything contained elsewhere in this Act, the Government may, by order, require the Board to earmark a particular portion of the Fund or a particular grant or a part thereof, or any item of receipt under any head of account, or any percentage thereof, or any share of amounts receivable by the Board other than tariff, rates, rentals, fees and such other charges assigned to the Board under this Act or any part thereof, to be utilized exclusively for such purpose related to functions as may be specified by the Government, and it shall be the duty of the Board to act accordingly. 23. Operation of accounts. - Subject to the other provisions of this Act, payment from the Fund shall be made in such manner as may be prescribed. 10 24. Investment of surplus moneys.- (1) The surplus moneys standing at the credit of any of the heads of accounts of the Fund which are not required, either immediately or at any early date, to be applied for the purposes of this Act by the Board may, in accordance with the rules made by the Government, be transferred by the Board, either in whole or in part, to any other head of account of the Fund. (2) The surplus moneys which are not transferred under sub -section (1) may be invested in public securities or small savings schemes , approved by the Government, or deposited at interest with such scheduled bank or co-operative bank as may be determined by the Board. 25. Preparation of budget estimate of Board. - The budget estimate shall be prepared and presented to the Board by the M anaging Director in such form and manner as may be prescribed. 26. Sanction of budget estimate of Board. - The Board shall consider the budget estimate in each year, and shall adopt the budget estimate for the ensuing year with such changes as it may consi der necessary, and submit a copy of the same to the Government and if, after considering the budget estimates, the Government is of the opinion that it is necessary in the interest of the Board to make changes in the budget estimates, it may direct the Boa rd to carry out the changes and such directions shall be binding on the Board. 27. Power to alter budget grant. - The Board may, with the prior approval of the Government from time to time, during the financial year- (a) increase the amount of any budget grant under any head; (b) make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year; (c) transfer the amount of any budget grant or portion thereof under one head to the amount of budget grant under any other head; or (d) reduce the amount of the budget grant under any head. 28. Power of Board to borrow. - With the previous sanction of the Government and subject to the provisions of this Act and rules made thereunder and subject to such conditions as may be specified by the Government by a general or a special order issued in this regard, the Board may from time to time borrow any sum required for the purposes of this Act through loans or debentures or bonds or such other instruments, as it may deem fit. All such instruments shall be issued, transferred, dealt with and redeemed in such manner as may be prescribed. 29. Guarantee of loans.- The Government may guarantee the payment of the principal or interest or both, of any loan proposed to be raised by the Board under section 28 of the Act. 30. Depreciation Reserve. - The Board shall create a Depreciation Reserve and make annual provision therefor in accordance with such principles as may be prescribed. 31. Improvement Reserve. - The Board shall create a reserve for improvement works and shall utilize the same in accordance with such principles as may be prescribed. 32.Accounts and audit. - (1) The Board shall keep accounts in such form and in such manner as may be prescribed. 11 (2) The accounts of the Board shall be subject to audit by the Director, Local Fund Audit Department in accordance with the provisions of the Rajasthan Local Fund Audit Act, 1954 (Act No. 28 of 1954). (3) The Board shall pay from the Fund such charges for the audit as may be prescribed. 33. Annual Report. - (1) The Board shall prepare at the end of each financial year, a report of its activities during the previous year and submit it to the Government before the 30th day of September of the current year. (2) The Government shall cause such annual report including the statement of accounts to be laid before the House of the State Legislature. CHAPTER – IV Powers, Functions and Duties of the Board 34. Powers of the Board. - (1) The Board shall, subject to other provisi ons of this Act, have powers to do anything that may be necessary or expedient for performing its duties and discharging its functions under this Act within its jurisdiction. (2) Without prejudice to the generality of the foregoing provisions, the Board shall for the purpose of carrying out its functions under this Act have the following powers, namely:- (a) to prepare, plan, execute, promote and finance schemes and projects for the development and management of water supply and sewerage systems; (b) to acquire land and hold movable and immovable property as it deems necessary and lease, sell or otherwise transfer any such property subject to conditions prescribed; (c) to abstract, treat, supply and distribute water in the prescribed manner and also where necessary treat, supply and distribute recycled water in accordance with the prescribed standards; (d) to lay mains, service pipes and communication pipes and provide for fire hydrants stopcocks, water meters, etc. in the prescribed manner; (e) to inspect all water supply and sewerage systems; (f) to construct, operate, maintain, supply and regulate water supply and in this regard place and maintain supply pipes, conduits and lines of mains or pipes over, under, along or across any immovable property whethe r within or without the limits of the Jaipur Urban Area by acquiring right of user in the property in the prescribed manner; (g) to construct, operate, maintain and regulate sewerage systems and in this regard lay sewers sewage treatment works, lay servic e pipes, close or limit the use of private drains or may place or maintain or construct sewers and sewage treatment works over, under, along or across any immovable property whether within or without the limits of the Jaipur Urban Area, by acquiring right of user in the property in the prescribed manner; 12 (h) to plan for, regulate the use of, and to manage, abstraction of, raw water, ground water and supply of treated wastewater in the prescribed manner; (i) to render all necessary services in regard to wate r supply and sewerage management to the Government, local authorities, corporation, any other Government entity and on request, to private institutions and individuals; (j) to seek any data or information as deemed necessary, from the local authorities and other agencies operating within its jurisdiction, for the proper discharge of its functions under this Act; (k) to assess, fix and revise from time to time, the tariff, rates, rentals, fees and such other charges for water supply and sewerage services and all other kinds of services rendered by the Board under this Act; and the said tariff, rates, rentals, fees and such other charges shall be fixed with the previous approval of the Government; (l) to levy and appropriate tariff, rates, rentals, fees and su ch other charges for the services rendered; (m) to enter into a contract for carrying out its duties and functions under this Act; (n) to prepare, consider and approve the annual budget and submit it to the Government; (o) to borrow money, issue debentures , obtain subventions, capital contributions, loans and grants, etc.; (p) to grant loans and advances to such persons or authorities as the Board may deem necessary for performing its functions; (q) to accept donations and grants as approved by the Board; (r) to provide bulk water hauling to any Government, local authority, institution or individual during an emergency situation such as drought, water shortage, pump failure or power failure or water quality problem, etc.; (s) to provide training for its ow n personnel or other persons engaged in the water supply and sewerage services; (t) to enter into an agreement on public private partnership basis in the manner prescribed with any individual, company, firm, society, trust or a Government agency or any oth er agency to execute any type of project relating to water supply and sewerage services, collect and retain user charges for such services; (u) to establish, operate, run and maintain any water works and sewerage system, if and when so directed by the Gove rnment, on such terms and conditions and for such period as may be specified by it; and (v) to exercise such powers as are conferred on the Board under other provisions of this Act. 35. Functions and duties of the Board.- (1) The Board shall be charged with the general duty of providing water supply and improving the existing water supply and making adequate provisions for the sewerage management and disposal in the Jaipur Urban Area for the efficient 13 discharge of such duty and shall perform such functions and duties as are conferred or imposed by or under this Act. (2) Without prejudice to the provisions of sub -section (1), the Board shall have the following functions and duties, namely:- (a) supply wholesome water in the Jaipur Urban Area as per Central Public Health and Environmental Engineering Organization (CPHEEO) or Bureau of Indian Standards (BIS) or standards determined in consultation with State Pollution Control Board or standards fixed by Public Health Engineering Department, including planni ng, designing, constructing, maintaining, operating and managing the water supply systems; (b) to provide sewerage, sewage disposal and sewage treatment works including planning, designing, constructing, maintaining, operating and management of all sewerage and sewage treatment works including supply and safe disposal of treated waste water in the Jaipur Urban Area; (c) at the instance of the Government or a local authority or suo motu, to investigate the nature and types of schemes that can be implemen ted for the provision of drinking water or sewerage systems within the Jaipur Urban Area and prepare and carry out such schemes; (d) to estimate, finance, design, construct, alter, repair, operate and maintain the schemes for water supply and sewerage systems; (e) to make provisions for unfiltered water meant for purposes other than drinking water; (f) to promote measures for conversion, recycling and reuse of water; (g) to provide meters and carry out services like meter reading, billing and revenue collection; (h) with the prior approval of the Government, to entrust any of its functions referred to in this section to a local authority, research inst itute, Government undertaking, limited company, registered society, trust, partnership firm, proprietorship firm, or such other legal entity; (i) to provide technical assistance or give advice to any agency in the execution and maintenance of water supply and sewerage systems; (j) to review annually the technical, financial, economic and other aspects of water supply and sewerage systems; and (k) to perform such other functions as may be necessary or conducive to the objects of this Act. CHAPTER – V Water Supply 36. Water supply for domestic purpose not to include any supply for certain specified purposes.- The water supply for domestic purpose under this Act shall not be deemed to include any supply for commercial or industrial purpose and in particular any supply- 14 (a) for any trade, manufacture or business; (b) for gardens or for purpose of irrigation; (c) for building purposes; (d) for fountains, swimming baths, public baths or tanks or for any ornamental or mechanical purposes; (e) for animals, where they are kept for sale or hire or for the sale of their produce or any preparation therefrom; (f) for the consumption and use by the inmates, in hotels, commercial boarding houses and residential clubs; (g) for the consumption and use by the persons visiting to theatres and cinemas; (h) for construction or for watering streets; or (i) for washing vehicles where they are kept for sale or hire; but shall be deemed to include a supply- (I) for flushing latrines and drains; and (II) for all baths other than swimming baths or public baths. 37. Water supply for domestic purpose not to be used for non-domestic purpose.- No person shall, except in such circumstances or subject to such conditions as may be prescribed, use or allow to be used the water supply for domestic purpose, for any purpose other than domestic purpose. 38. Water supply for non -domestic purposes.- An authorized officer of the Board may supply water for any purpose other than a domestic purpose, on such terms and conditions consistent with this Act and the regulations made thereunder. 39. Providing public water supply system.- (1) The Board may, subject to the payment by a local authority of such charges as may be determined by the Board, provide gratuitous supply of wholesome water to the public within Jaipur Urban Area and may for that purpose, erect public stand posts or other conveniences. (2) Any such public stand posts or other conveniences provided under sub -section (1) above may be closed by the Board in consultation with the local authority concerned if such facilities are no longer required for the purpose of supply of wholesome water to the public. 40. Power to cut off water supply. - (1) The Board may cut off the water supply except the water supply provided for general public from any premises,- 15 (a) if the owner or occupier neglects to comply with any lawful order or requisition regarding water supply issued by the Board within the period specified therein; (b) if any fee, rental, charges or any other sum due for water supply or for the cost of making connection or the hire of a meter or the cost of carrying out any work or test connected with the water supply which is chargeable to any person by or under this Act is not paid within fifteen days after a bill for such fee, rental, charges or sums has been presented or served; (c) if after receipt of a notice from the Board requirin g him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of the provisions of this Act or any rule made thereunder; (d) if the owner or occupier wilfully or negligently damages the meter o r any pipe or tap conveying water; (e) if the owner or occupier refuses to admit the officer or person authorized by the Board in this behalf into the premises which he proposed to enter for the purpose of executing any work or placing or removing any appa ratus or making any examination or enquiry in connection with the water supply or prevents such officer or person from executing such work, or placing or removing such apparatus or making such examination or enquiry; (f) if any water fittings, connected with the water supply are found on examination by any officer or person authorized by the Board to be out of repair to such an extent as to cause waste or contamination of water; (g) if the owner or occupier causes pipes, taps, works or fitting connected wit h the water supply to be placed, removed, repaired, or otherwise interfered with a contravention of the provisions of this Act or of the rules or regulations made thereunder; and (h) if the consumer fails to provide proper disposal or treatment of the used water from his premises, in accordance with the provisions of the Rajasthan Municipalities Act , 2009 (Act No. 18 of 2009), the Water (Prevention and Control of Pollution) Act, 1974 (Central Act No. 6 of 1974) or any other law for the time being in force: Provided that the Board shall not cut off the water supply unless notice of not less than three days has been given to the owner or occupier of the premises, except in cases involving contamination of water supplies, where no such notice need to be given. 16 (2) (a) The owner and the occupier of the premises shall be jointly and severally liable for the payment of all the sums referred to in clause (b) of sub-section (1); (b) The sums referred to in clause (a) shall be a charge on the premises. (3) The expenses of cutting off the supply shall be payable by the owner and occupier of the premises jointly and severally. (4) In a case under clause (b) of sub-section (1) as soon as any money for non-payment of which water has been cut off, together with the expen ses of cutting off the supply, including any penalties levied thereon has been paid by the owner or occupier, the Board shall cause water to be supplied as before, on payment of the cost of re -connecting the premises with the water works. (5) The action ta ken under this section against any person shall be without prejudice to any penalties to which he may otherwise be liable. CHAPTER – VI Sewers and Sewerage Management 41. Certain matters not to be passed into Board sewers and sewage treatment works.- (1) Save as otherwise provided in the Water (Prevention and Control of Pollution) Act, 1974 (Central Act No. 6 of 1974), relating to discharge and disposal of industrial effluents and other objectionable effluents, no person shall throw, empty, or turn into an y Board sewers, any matter that damage or interfere with the free flow of its contents or prejudicial to the health. (2) The Board shall ensure that the sewage or effluent from the Board sewer or any private sewer or drain connecting to the Board sewer are not emitted, discharged, seeped, leaked or otherwise escaped from the Board sewer or any part thereof into a piped water supply, well water supply, a watercourse, ground water or surface water or onto the surface of the ground so as to cause any hazard to health or environment. 42. Construction and maintenance of sewers and sewage disposal works. - The Board shall maintain and keep in repair all Board sewers and sewage disposal works and shall construct as many new drains and sewage disposal works as may fr om time to time be necessary for effectual sewerage and sewage disposal within its jurisdiction. 43. Charges towards the use of Board sewerage system. - Every occupier of both domestic and non -domestic premises shall pay to the Board charges at such rate as may be prescribed, to defray the capital cost of sewerage and sewage treatment works undertaken by the Board and the operation and maintenance of the sewerage system from time to time: Provided that no such charges shall be levied in any premises situate d in the areas which are not served by the sewerage system of the Board. 44. Right of owner or occupier to obtain sewer connection. - The owner or occupier of any premises shall be entitled to empty sewage of the premises into a sewer of the Board: Provided that before doing so, he shall- 17 (a) obtain written permission of the Board and pays connection fee and other charges as may be prescribed; (b) comply with such conditions as may be prescribed. 45. Drainage of undrained premises. - Where any premises are, in the opinion of the Board, without sufficient means of effectual drainage and a Board sewer or the place approved by the Board for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty-five meters from any part of the said premises, it may, by written notice, require the owner of the said premises to have sewer connection and if he fails to do so, the Board shall cause to make such connection and the owner shall be liable to pay the charges incurred by the Board. 46. New premises not to be erected without drains or sewers. - (1) It shall not be lawful to erect or re -erect any premises or occupy such premises, any part of which is situated within a distance of thirty -five meters from a Board sewer unless a drain or sewer necessary for the purposes of g
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