LexThe UTTAR PRADESH WATER SUPPLY AND SEWERAGE ACT, 1975
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act1 THE UTTAR PRADESH WATER SUPPLY AND SEWERAGE ACT, 19751 (U. P. ACT no. 43 of 1975) Amended by U.P. Act. No. 10 of 1978 U.P. Act No. 28 of 1978 U.P. Act No. 05 of 1984 U.P. Act No. 16 of 1998 U.P. Act No. 16 of 1999 U.P. Act No. 02 of 2002 U.P. Act No. 05 of 2007 U.P. Act No. 15 of 2007 U.P. Act No. 46 of 2018 U.P. Act No. 14 of 2019 U.P. Act No. 26 of 2021 [As passed by the Uttar Pradesh Legislature and assented to by the President under Article 201 of the Constitution of India on September 7, 1975 and was published in the Uttar Pradesh Gazette Extraordinary dated September 8, 1975.] AN AΠ‘Π’ to provide for the establisment of a Corporation, authorities and organisations for the development and regulation of water supply and sewerage services and for matters connected therewith. IT IS HEREBY enacted in the Twenty -sixth Year of the Republic of India as follows:- CHAPTER-I Preliminary Short title, extent and commencement 1. (1) This Act, may be called the Uttar Pradesh Water Supply and Sewerage Act, 1975. (2) It extends to the whole of Uttar Pradesh excluding cantonment areas. (3) It shall come, into force on such date as the State Government may by notification in the Gazette appoint in that behalf, and different dates may be appointed in respect of different provisions. Definitions 2. In this Act, unless the context otherwise requires- (1) "cess -pool" includes a settlement tank, or other tank to receive or dispose of foul matters from any premises; (2) "communication pipe" means any pipe or system of pipes along with all fittings thereto, by means of which water is supplied to any premises from the main and includes a connection pipe, service pipe, meter or other fittings; ββββββββββββββββββββββββββββββββββββββββββ 1. For Statement of Objects and Reason see at the end of this Act. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 2 (3) ββconnection pipeββ means any water pipe from a ferrule to stop-cock connecting the main of the local body, Jal Sansthan or Nigam, as the case may be, with the service pipe ; (4) "consumer" means any person getting the benefit of any water supply or sewerage service from the local body, Jal Sansthan or the Nigam, as the case may be ; (5) "domestic sewage" means waste water from residences, boarding and lodging houses, hostels, hotels, public places, offices and all such establishments 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; (6) "drain" includes a sewer, tunnel, pipe, ditch, gutter or channel- or a cistern, flush -tank, septic tank, or other device for carrying off or - treating sewage, offensive matter, polluted water, sullage, waste water or sub -soil water, and also includes any culvert, ventilation shaft or pipe or other appliances or fittings con nected with such drain, and any ejectors; compressed air mains, sealed sewage mains and special machi nery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place; (7) "ferrule" means a ferrule connecting the connection pipe with the main; (8) "General Manager" means General Manager of a Jal Sansthan appointed under clause (c) of sub-section (2) of section 20; (9) "Jal Sansthan", means a local authority constituted by the State. Government under section 18 to perform its functions under this Act, in one or more local areas; 1[(10) Urban Development Department Housing and Urban Planning Department, Panchayati Raj Department, Rural Development Department, Namami Gange and Gramin Jalapurti Department, Infrastructure and Industrial Develpment Department mean the Departments with these names under the State Government.] (11) "local area" means the area falli ng within the jurisdiction of a local body; (12) "local body" means a Nagar Mahapalika, Municipal Board, Town Area Committee, Notified Area Committee, Zila Parishad, Kshettra Samiti, or a Gaon Sabha ; (13) "main" means a pipe laid by the local body, Jal Sansthan or Nigam, 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; (14) "Managing Director" means Managing Director of the Nigam appointed under clause (a) of sub-section (2) of section 4; 2 [(15) ββNigamββ means the Uttar Pradesh Jal Nigam (Urban) and Uttar Pradesh Jal Nigam (Rural) established under section 3.] (16) "occupier" in relation to any premises includes the following:β (a) any person for the time being paying or liable to pay rent or any portion thereof to the owner in respect of 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; ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 2(a) of U.P. Act No. 26, 2021. 2. Subs. by sec. 2(b) of U.P. Act No. 26, 2021. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 3 (d) a licensee who is in occupation of those premises; and (e) any person, who is liable to pay damages to the owner in respect of use and occupation of those premises. (17) "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; (18) "premises" means any land or building; (19) "prescribed" means prescribed by rules; (20) "prescribed authority" means any authority appointed by the State Government, by notification in the Gazette, to perform all or any of the functions of the prescribed authority; (21) "private street", "public street" and "street" in relation to any local area, have the same meanings as in law relating to the local body having jurisdiction over that local area; (22) "regulations" means regulations made under this Act; (23) "rules" means rules made under this Act; (24) "service pipe" means any pipe other than the connection pipe beyond the stop-cock by means of which the water is supplied to premises; (25) "sewage" means night -soil and other contents of water - closets, latrines, privies, urinals, cess -pools, or drains, and polluted water from sinks, bath -rooms, stables, and other like places, and includes trade effluents; (26) "sewer" means a closed conduit for carrying sewage, offensive matter, polluted water, waste water or sub-soil water; (27) "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, its effluent sludge, gas and other end products; (28) "stock -cock" means a stop -cock fitted at the end of connection pipe away from the main for the purpose of switching off and regulating the water supply to any premises; (29) "trade effluent" means any liquid either with or without partiles of matters 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 in does not include domestic sewage; [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 4 1[(29A) urban local body means Municipal Corporation, Nagar Palika Parishad, Nagar Panchayat or any town area committee notified by the State Government from time to time and rural local body means Zila Panchayat, Kshettra Panchay at and Gram Panchayat or any other area other than an area defined as urban local body.] (30) "water connection" includesβ (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 Jal Sansthan; and (b) the water pipe connecting such a tank, cistern, hydrants, stand-pipe, meter or tap, with such main or pipe ; (31) "w ater 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; (32) "waterworks" includes water channel (including stream, lake, spring, river or canal, well, pump, galleries, reservoir, cistern, tank), duct, whether covered or open, treatment units sluice, supply main, culvert, engine, water-truck, hydrants, stand-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, Functions and Powers of the Nigam Establishment of the Nigam 2[3. (1) The State Government shall, by notification in the Gazette and with effect from a date to be specified therein, bifurcate the erstwhile Uttar Pradesh Jal Nigam into two corporations by the name of Uttar Pradesh Jal Nigam (Urban) which shall be under administrative control of Urban Development Department and the Uttar Pradesh Jal Nigam (Rural) which shall be under the administrative control of Namami Gange and Rural Water Supply Department : Provided that the construction and design services of erstwhile Uttar Pradesh Jal Nigam will continue to be with Uttar Pradesh Jal Nigam (Urban).] Constitution of the Nigam 4. 3[(1) The Jal Nigam (Urban) shall consist of a Chairman appointed by the State Government besides the members specified in sub-section (2). (1A) The Jal Nigam (Rural) shall consist of a Chairman appointed by the State Government besides the members specified in sub-section (2AA).] ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 2(c) of U.P. Act No. 26, 2021. 2. Subs. by sec. 3 of U.P. Act No. 26, 2021. 3. Subs. by sec. 4(a) of U.P. Act No. 26, 2021. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 5 1 [(2) The members of Jal Nigam (Urban) other than the Chairman shall be as follows, namely :β (a) a Managing Director who shall be qualified engineer having administrative experience and also the experience of water supply and sewerage work, or an officer of Indian Administrative Service in the rank of Secretary to the U.P. Government, to be appointed by the State Government ; (b) two Joint Managing Directors of Indian Administrative Service in the rank of Special Secretary in the U.P. Government or two engineers of Chief Engineer level with experience in drinking water and sewerage work to be appointed by the State Government; (c) a Finance Director to be appointed by the State Government, who shall have experience of matters relating to finance and accounts; (d) the Principal Secretary/Secretary to the U.P. Government in the Finance Department, ex-officio. (e) the Principal Secretary/Secretary to the U.P. Government in the Urban Development Department, the Principal Secretary/ Secretary to the U.P. Government in the Housing and Urban Planning Department and Principal Secretary/ Secretary to the U.P. Government in the Infrastructure and Industrial Development Department, ex- officio; (f) the Principal Secretary/Secretary to the U.P. Government in the Planning Department, ex-officio, (g) the Director of local bodies, Uttar Pradesh, ex-officio, (h) the Director of Medical and Health S ervices, Uttar Pradesh, ex-officio; (i) five elected heads of local bodies in the State, to be nominated by the State Government. (2A) The members of Jal Nigam (Rural) other than the Chairman shall be as follows, namely :β (a) a Managing Director who shall be qualified engineer having administrative experience and also the experience of water supply and sewerage work, or an officer of Indian Administrative Service in the rank of Secretary to the U.P. Government, to be appointed by the State Government ; (b) two Joint Managing Director of Indian Administrative Service in the rank of Special Secretary in the U.P. Government or two engineer of Chief Engineer level with experience in drinking water and sewerage work to be appointed by the State Government in Uttar Pradesh Jal Nigam (Rural); ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 4(b) of U.P. Act No. 26, 2021. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 6 (c) a Finances Director to be appointed by the State Government, who shall have experience of matters relating to finance and accounts; (d) the Principal Secretary/ Secretary to the U.P. Government in the Finance Department, ex-officio. (e) the Principal Secretary/Secretary to the U.P. Government in Panchayati Raj Department and Namami Gange and Rural Water Supply department; (f) the Principal Secretary/Secretary to the U.P. Government in the Planning Department, ex-officio; (g) the Director Panchayati Raj Uttar Pradesh, ex-officio; (h) the Director of Medical and Health S ervices, Uttar Pradesh, ex-officio; (i) five elected heads of local bodies in the State, to be nominated by the State Government.] (3) The appointment of the Chairman and members other than ex officio members shall be notified in the Gazette. 1[(4) Instead of attending a meeting of the Nigam himself, a member referred to 2[in clause (c), (d) or clause (dd) ] of sub-section (2) may depute an officer not below the rank of Deputy Secretary in his department, a member referred to in clause (e) of that sub -section may depute an officer not below the rank of Deputy Director in his department and a member referred to in clause (f) of that sub -section may depute an officer not below the rank of Joint Director in his department, to attend the meeting. The officer so deputed shall have the right to take part in the proceedings of the meeting and shall also have the right to vote]. Disqualification for being Chairman or other member 5. A person shall be disqualified for being chosen as and for being the Chairman or other member of Nigam if heβ (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 o ffice of profit under the Nigam; (e) has, directly or indirectly by himself or by an y 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 the Nigam ; or (f) is a director or 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 Nigam: ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 3(ii) of U.P. Act No. 28 of 1978. 2. Subs. by sec. 2(ii) of U.P. Act No. 5 of 1984. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 7 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 inβ (i) any sale purchase, lease or exchange of immovable property 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 affairs of the Nigam, is published; (iv) the occasional sale to the Nigam up to a value not exceeding ten thousand rupees in any one year, of any article in which he or the company regularly trades. Terms of office of Chairman and other members 6. (1) The Chairman of the Nigam, unless appointed ex-officio, shall hold office for three years unless his term is determi ned earlier by the State Govern ment by notification in the Gazette, and shall be eligible for re-appointment. (2) A person nominated under clause (g) of sub -section (2) of section 4 shall, unless his term is determined earlier by the State Government hold office for a period of three years or until the expiry of his term of office as elected head of the local body concerned, whichever is earlier, but shall be eligible for re-appointment. 1 [(2-A) A person nominated under clause (aa) of sub -section (2) of section 4 shall, unless his term is determined earlier by the State Government by notification in the Gazette, hold office for a period of three years, and shall be eligible for re-nomination.] (3) The members appointed under clause (a) and clause (b) of sub- section (2) of section 4 shall hold , office on such terms and conditions as the State Government may, by order, specify. (4) The Chairman or any other member as aforesaid may at any time by writing under his hand addressed to the State Government resign his office, and on such resignation being accepted, he shall be deemed to have vacated his office. Other provisions regarding office of the Chairman and other members 7. (1) The Chairman and the members appointed 2 [under clauses (a), (aa) and (b)] of sub-section (2) of section 4 shall be paid from the Nigam's fund such remuneration, if any, as may be fixed by the State Government. (2) If the Chairman or any other member as aforesaid is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave otherwise in circumstances not involving the vacation of his appoint - ment, the State Government may appoint another person to officiate for him and to carry out his functions under this Act. 3[ * * *] ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 3 of U.P. Act No. 15, 2007. 2. Subs. by sec. 4 of U.P. Act No. 15, 2007. 3. Omit. by sec. 2 of U.P. Act. No. 46 of 2018. (w.e.f. 28 June, 2017) [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 8 1 [7. (A) Notwithstanding anything to the contrary contained in any other provision of this Act, all or any of the powers, duties and functions of the Chairman shall be exercised discharged or performed by such Vice -Chairman as may be subject to the control and supervision of the Nigam, by general or special order authorised by the Chairman, either unconditionally or subject to such conditions, including the conditions of review by himself as may be specified in the order. The Vice -Chairman so authorised shall, however, in relation to the affairs of the Nigam, subject to the ultimate control and direction of the Nigam, hold his office under immediate control of the Chairman.] Appointment of employees 8. (1) Subject to the provision of sub -section (2), the Nigam may appoint such employees as it considers necessary on such terms and conditions as it thinks fit for the efficient performance of its functions: Provided that the appointment of such employees as the State Government may, by general or special order, specify shall be made and their terms and conditions shall be determined with the approval of the State Government. (2) The Nigam may, with the previou s approval of the State Government, appoint a servant of the Central Government or the State Government as an employee of the Nigam on such terms and conditions as it thinks fit. Supervision and control over employees 9. Subject to the superintendence of the Nigam, the Chairman shall have the general control and direction over, and subject thereto, the Managing Director shall have control over, all other employees of the Nigam. Authentication of orders and other instruments of the Nigam 10. (1) All proceedings of the Nigam shall be authenticated by the signature of the Chairman and all orders and other instruments of the Nigam shall be authenticated by the signature of the Managing Director or such other officer of the Nigam as may be authorised in this behalf by regulations. (2) The Nigam may invite any person to attend a meeting of the Nigam for the purpose of assisting or advising it on any matter, and the person so invited may take part in any proceedings of the Nigam but shall have no right to vote. Delegation of powers 11. Subject to the provisions of this Act, the Nigam 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 or the Managing Director or any other officer of the Nigam such of its powers and duties under this Act as it deems fit, not being its powers and duties under sections 46, 49 and 50. ββββββββββββββββββββββββββββββββββββββββββ 1. Ins.. by sec. 5 of U.P. Act. No. 15 of 2007. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 9 Disqualification for participation in proceedings of the Nigam on account of interest 12. (1) The Chairman or any other m ember of the Nigam or of a committee appointed by the Nigam whoβ (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 proceeding (including any discussion on any resolution or question) of the Nigam or any committee thereof relating to such matter. (2) If any member of the Nigam or of a Committee appointed by the Nigam has directly or indirectly 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 the Nigam or any committee thereof in which any matter relating to such land is considered. (3) Nothing in sub -section (1) or sub -section (2) shall prevent any member of the Nigam or any committee thereof from voting on, or taking part in the discussion of, any resolution or question relating to any subject other than subject referred to in those sub-sections. Acts not to be in frvalidated by informality, vacancy etc. 13. No act done or proceeding taken under this Act by the Nigam, or a committee appointed by the Nigam shall be invalidated merely on the ground of- (a) any vacancy or defect in the constitution of the Nigam or any committee thereof; or (b) any defect or irregularity in the appointment of a person acting as a member thereof; or (c) any defect or irregularity in such act or proceeding, not affecting the substance. Area of jurisdiction and functions of the Uttar Pradesh Jal Nigam (Urban) 1 [14. The jurisdiction of the Uttar Pradesh Jal Nigam (Urban) shall be the notified urban area of the State. The function of the Uttar Pradesh Jal Nigam (Urban) shall be the following, namely :β (i) the preparation, execution, promotion and financing the schemes for the supply of water and for sewerage and sewage disposal; (ii) to render all necessary service in regard to water supply and sewerage to the State Government and urban local bodies, on request to private institution or individuals; (iii) to prepare State plans for water supply, sewerage and drainage on the directions of the State Government; (iv) to review and advise on the tariff, taxes and charges of water supply in the areas of Jal Sansthans and urban local bodies which have entered into an agreement with the Nigam under section 46; (v) to assess the requirement for materials and arrange for their procurement and utilisation; ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 5 of U.P. Act No. 26, 2021. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 10 (vi) to establish state standards for water supply and sewerage services; (vii) to perform all functions in urban areas, not stated herein which were being performed by the erstwhile Uttar Pradesh Jal Nigam before the commencement of this Act; (viii) to review annually the technical, economic and other aspects of water supply and sewerage system of every Jal Sansthans or local bodies which has entered into an agreement with the Nigam under section 46; (ix) to establish and maintain a facility to review and appraise the technical, financial, economic and other pertinent aspect of every water supply and sewerage scheme in the State; (x) 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 for such period as may be specified by the State Government; (xi) to assess the requirements for manpower and training in relation to water supply and sewerage services in the State; (xii) to carry out applied research for efficient discharge of the function of the Nigam or a Jal Sansthans; (xiii) any other functions entrusted to the Nigam by or under this Act, and (xiv) such other functions as may be entrusted to the Nigam by the State Government, by notification, in the Gazette.] Area of jurisdiction and functions of the Uttar Pradesh Jal Nigam (Rural) 1[14-A The jurisdiction of the Uttar Pradesh Jal Nigam (Rural) shall be the rural area of the State. The function of the Uttar Pradesh Jal Nigam (Rural) shall be the following, namely:- (i) the preparation, execution, promotion and financing the schemes for the supply of water and for sewerage and sewage disposal; (ii) to render all necessary service in regard to water supply and sewerage to the State Government and rural local bodies, on request to private institution or individuals; (iii) to prepare State plans for water supply, sewerage and drainage on the directions of the State Government; (iv) to review and advise on the tariff, taxes and charges of water supply in the areas of rural local bodies which have entered into an agreement with the Nigam under section 46; (v) to assess the requirement for materials and arrange for their procurement and utilization; (vi) to establish state standards for water supply and sewerage services; (vii) to perform all related functions in rural areas, not stated herein which were being performed by the erstwhile Uttar Pradesh Jal Nigam before the commencement of this Act; ββββββββββββββββββββββββββββββββββββββββββ 1. Ins.. by sec. 6 of U.P. Act No. 26, 2021. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 11 (viii) to review annually the technical, economic and other aspects of water supply and sewerage system of every Jal Sansthans or local bodies which has entered into an agreement with the Nigam under section 46; (ix) to establish and maintain a facility to review and appraise the technical, financial, economic and other pertinent aspect of every water supply and sewerage scheme in the State; (x) 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 for such period as may be specified by the State Government; (xi) to assess the requirements for manpower and training in relation to water supply and sewerage services in the State; (xii) to carry out applied research for efficient discharge of the function of the Nigam or a Jal Sansthans; (xiii) notwithstanding anything above, Uttar Pradesh Jal Nigam (Rural) shall also be responsible for implementation of schemes under Namami Gange program in the State of Uttar Pradesh; (xiv) any other functions entrusted to the Nigam by or under this Act, and (xv) such other functions as may be entrusted to the Nigam by the State Government, by notification, in the Gazette.] Powers of Nigam 1 [15. (1) The Nigam shall, subject to the provision of this Act have power to do anything which may be necessary or expedient for carrying out its functions under this Act. (2) Without prejudice to the generality of the foregoing provision, such power shall include the power in their respective areas of jurisdiction ,β (i) to inspect all water supply and sewerage facilities by whomsoever they are operated; (ii) to obtain such periodic or specific information from any respective local body and operating agency as it may deem necessary; (iii) to provide training for its own personnel as well as employees of the local bodies; (iv) to prepare and carry out schemes for water supply and sewerage; (v) to lay down the schedule of fees for all services rendered by the Nigam to the State Government, local bodies, institutions or individuals; (vi) to enter into contract or agreement with any person, firm or institution, as the Nigam may deem necessary, for performing its function under this Act; ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 7 of U.P. Act No. 26, 2021. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 12 (vii) to adopt its own budget annually; (viii) to approve tariffs for water supply and sewerage services applicable to respective local areas comprised within the jurisdiction of Jal Sansthans and such local bodies as have entered into an agreement with the Nigam under section 46; (ix) to borrow money, issue debentures, to obtain subventions and grants and manage its own funds; (x) to disburse loans to local bodies to their water supply and sewerage schemes; (xi) to incur expenditure and to grant loans and advances to such persons or authorities as the Nigam may deem necessary for performing the functions under this Act.] Power to call for reports and information 16. (1) The Nigam may call for such reports and information from a Jal Sansthan or local body as the Nigam may conside r necessary and after consider ing them, issue such directions to such Jal Sansthan or local body as may be considered necessary. (2) (a) The directions so issued shall be complied with by the Jal Sansthan or local body concerned as speedily as possible; (b) In case such Jal Sansthan or local body disagrees with such direction or experiences any difficulty in complying with the same, it shall refer the matter to the State Government whose decision thereon shall be final. Supervision and centage charges 17. The Nigam may include in the cost o f any scheme or work the execu tion or further execution whereof is undertaken under clause (i) of section 14, supervision and centage charges at such rate not exceeding such limit as may be prescribed, as it may determine under clause (v) of sub-section (2) of section 15. CHAPTER-III Establishment, Conduct of Business, Functions and Powers of Jal Sansthans Establishment of Jal Sansthans 18. (1) If in the opinion of the State Government, local conditions so require and it is considered necessary or expedient for the improvement of water supply and sewerage services in any area, it may constitute a body to be known as Jal Sansthan for that area. (2) A Jal Sansthan shall be constituted by notification in the Gazette and with effect from the date specified therein. (3) A Jal Sansthan 1[not being a Jal Sansthan referred to in sub-section (1) of sub -section (2) of Section 20] may be constituted under sub-section (1) to have jurisdiction over the local area or any part thereof, of one or more local bodies as the State Government may specify in the said notification. (4) A Jal Sansthan shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the name of " (short name of the area specified in the said notification) Jal Sansthan" and have the power to acquire, hold, or dispose of property. ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 4 of U.P. Act No. 28 of 1978. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 13 (5) A Jal Sansthan shall for all purposes be deemed to be a local authority. (6) A Jal Sansthan shall have its head office at the place specified in the notification under sub-section (1). (7) A Jal Sansthan may also have sub -offices at such places within its jurisdiction as it may consider necessary. (8) The State Government may, where it considers necessary or expedient in the public interest so to do, by notification in the Gazette, and with effect from the date specified in the notificationβ (a) include any area in, or exclude any area from, the area of a Jal Sansthan specified in the not ification under sub - section (1); (b) divide the area of a Jai Sansthan specified in the notification under sub-section (1) into area of two or more separate Jal Sansthans; (c) amalgamate the areas of two or more Jal Sansthans specified in the notification under sub-section (1) into the area of one Jal Sansthan; or (d) declare that any part in the area of a Jal Sansthan specified in the notification under sub -section (1) shall cease to be such area. Jal Nigam as Jal Sansthan 1[19. The State Government may, by notification, direct that in such rural areas as are specified in the notification, for which no Jal Sansthan has been established under Section 18, all or any of the powers, duties and functions of a Jal Sansthan under any provisions of this Act shall be exercised, discharged or performed by the Jal Nigam; and thereupon for the purposes of exercising, discharging or performing such powers, duties or functions the Jal Nigam shall be deemed to be the Jal Sansthan and the date of such notification shall be deemed to be the date of constitution of the Jal Sansthan] Constitution of a Jal Sansthan 2[20. [(1) Jal Sansthan constituted to have jurisdiction over the local area of a Nagar Mahapalika shall consist of a Chairman who shall be the Nagar Pramukh of the Nagar Mahapalika (ex officio), and the following other members, namely - (a) a General Manager, to be appointed by the Nigam with the approval of the State Government who shall be a qualified engineer having administrative experience and experience of water supply and sewerage works; (b) a Joint Director of Medical and Health Services to be nominated by the Director of Medical and Health Services, Uttar Pradesh; (c) three Sabhasads of the Nagar Mahapalika nominated by the State Government; (d) two representatives of the Nigam; (e) the Director of Local Bodies, Uttar Pradesh; ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 5 of U.P. Act No. 28 of 1978. 2. Subs. by sec. 6 of U.P. Act No. 28 of 1978. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 14 (f) the Mukhy'a Nagar Adhikari of the Nagar Mahapalika. (2) A Jal Sansthan constituted to have jurisdiction over the local area of a Municipal Board shall consist of a Chairman who shall be the President of the Municipal Board (ex officio), and the following other members namely : (a) a General Manager, to be appointed by the Nigam with the approval of the State Government who shall be a qualified engineer having administrative experience and experience of water supply and sewerage works; (b) an officer subordinate to the District Magistrate nominated by the latter; (c) two representatives of the Nigam; (d) Deputy Medical Officer (Health) of the District in which the head office of the Municipal Board is situate; (e) an officer nominated by the Director of Local Bodies, Uttar Pradesh; (f) two elected members of the Municipal Board, to be nominated by the State Government. (3) Any other Jal Sansthan shall consist of a Chairman appointed by the State Government, and the following other members, namely - (a) the Collector of the District in which the head office of the Jal Sansthan is situate, ex officio; (b) the senior most officer of the Community Development Department having his headquarter within the area of the Jal Sansthan; (c) a General Manager, 1 [to be ap pointed by the State Government], who shall be a qualified engineer having administrative experience and experience of water supply and sewerage works; (d) two representatives of the Nigam; (e) one nominee of the State Government from amongst the elected heads of members of the local bodies or each district within the jurisdiction of the Jal Sansthan : Provided that where the number of districts within the jurisdiction of the Jal Sansthan is less than five, the number of such nominees shall be five out of which at least one shall be from each district; (f) the Chief Medical officer of the district in which the head office Jal Sansthan is situate.] Disqualifica- tions 21. The provisions of section 5 relating to the disqualifications for being Chairman or other member of the Nigam shall mutatis mutandis apply in rela tion to the offices of Chairman and other members of the Jal Sansthan also. ββββββββββββββββββββββββββββββββββββββββββ 1. Subs. by sec. 3 of U.P. Act No. 5 of 1984. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 15 Term of office 22. (1) The Chairman of a Jal Sansthan, unless appointed ex-officio, shall hold office for three years unless his term is determined earlier by the State Government, by notification in the Gazette, and shall be eligible for reappointment. (2) A member nominated under clause (e) of section 20 shall, unless his term is determined earlier by the State Government, by notification in the Gazette, hold office for a period of three years or until the expiry of his term of office as elected member of the local body concerned, whichever is earlier. (3) The member appointed under c lause (c) of sub -section (2) of sec tion 20 shall hold office on such terms and conditions as the State Government may by order specify. (4) The Chairman or any other member of a Jal Sansthan may at any time by writing under his hand addressed to the State Government resign his office, and on such resignation being accepted he shall be deemed to have vacated his office. Remuneration 23. (1) The Chairman and such other members of a Jal Sansthan, if they work whole -time for the Jal Sansthan shall be paid from the funds of the Jal Sansthan such remuneration, if any, as may be fixed by the State Government. (2) If the Chairman or any other member of a Jal Sansthan is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave otherwise in circumstances not involving the vacation of his appointment, the State Government may appoint any other person to officiate for him and to carry out his functions under this Act. Functions of Jal Sansthan 24. The functions of a Jal Sansthan shall be as follows :- (i) to plan, promote and execute schemes of and operate an efficient system of water supply; (ii) where feasible, to plan, promote and execute schemes of, and operate, sewerage, sewage treatment and disposal and treatment of trade effluents; (iii) 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 service; (iv) to take such other measures, as may be necessary, to ensure water supply in times of any emergency; (v) such other functions as may be entrusted to it by the State Government by notification in the Gazette. Powers of a Jal Sansthan 25. (1) Every Jal Sansthan shall, subject to the provisions of this Act, have power to do anything which may be necessary or expedient for carrying out its functions under this Act. (2) Without prejudice to the generality of the foregoing provision such powers shall include the powerβ (i) to exercise all powers and perform all the functions relating to water supply, sewerage and sewage dispo sal of the area which lies with in its jurisdiction; [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 16 (ii) to acquire, possess and hold lands and other property and to carry any water or sewerage works through, across, over or under any highway, road, street or place and, after reasonable notice in writing to the owner or occupier, into, through, over or under any building or land; (iii) to abstract water from any natural source and dispose of waste water; (iv) to enter into contract or agreement with any person or body as the Jal Sansthan may deem necessary; (v) to adopt its own budget annually; (vi) to introduce or amend tariff for water supply and sewerage ser vices, subject to approval of the Nigam an d collect all taxes and charges for thes e services as may be prescribed : 1[Provided that no decision to introduce or amend such tariff shall be taken except by a special resolution in that behalf brought after giving such notice as may be prescribed, and passed by the majority of two -thirds of the members of the Jal Sansthan;] (vii) to incur expenditure and manage its own funds; (viii) to obtain loans, advances, subventions and grants from the Nigam. Delegation of Powers 26. Subject to, the provisions of this Act, a Jal Sansthan may, by general or special order, delegate, either uncondit ionally or subject to such con ditions as may be specified in the order, including the power of review by itself, to any committee appointed by it or to the General Manager or any other officer of the Jal Sansthan such of its powers and duties under this Act as it may deem fit, not being its powers and duties under sections 44 and 50. Creation of posts and appointment of employees 2[27. (1) The Jal Sansthan may, with the previous approval of the State Government, create such posts of officers and other employees and with such designations as it considers necessary for the efficient performance of its functions. (2) The appointments to the posts, referred to in sub -section (1), shall be made by the Jal Sansthan on such terms and conditions as it thinks fit: Provided that the appointment on such posts as the State Government may, by rules framed under Section 27 -A or by general or special order, specify shall be made and the terms and conditions of appointment on such posts shall be determined with the approval of the Government. (3) Subject to general control and directions of the Chairman, the supervision and control over all employees of the Jal Sansthan shall be vested in the General Manager.] ββββββββββββββββββββββββββββββββββββββββββ 1. Ins. by sec. 7 of U.P. Act No. 28 of 1978. 2. Subs. by sec. 4 of U.P. Act No. 5 of 1984. [The Uttar Pradesh Water Supply And Sewerage Act, 1975] 17 Centralisation of services 1[27A. (1) Notwithstanding anything contained in Section 27 or in any other provision of the Act, the State Government may at any time, by rules, provide for the creation of one or more services of such officers and servants as the State Government may deem fit common to Jal Sansthans or to the Jal Sansthans, Nagar Mahapalikas and Nagarpalikas, in the State and prescribe the method of recruitment and conditions of service of persons appointed to any such service. (2) Where any such service is created, employees serving on the posts included in the service as well as officers and servants performing duties and functions of those posts may, if found suitable, be absorbed in the service, provisionally or finally, and the service of others shall be determined in the prescribed manner. (3) On the creation of such service it shall be lawful for the Director or Local Bodies or any other officer authorised by the Government in this behalf to transfer an employee serving on any post in any Jal Sansthan or Waterworks to any other Jal Sansthan or Waterworks. (4) Without prejudice to the generality of the provisions of sub - sections (1) and (2), such rules may also provide for consultation with the State Public Service Commission in respect of any of the matters referred to in the said sub-sections.] Authentication of orders and other instruments of the Jal Sansthan 28. (1) All proceedings of the Jal Sansthan shall be authenticated by the signature of the Chairman and all orders and other instruments of the Jal Sansthan shall be authenticated by the signature of the General Manager or such other officer of the Jal Sansthan as may be authorised in this behalf" by regulations. (2) The Jal Sansthan may invite any person to attend a meeting of the Jal Sansthan for the purpose of assisting or advising it on any matter, and the person so invited may take part in any proceedings of the Jal Sansthan but shall have no right to vote. Act not to be invalldated by information, vaccancy etc. 29. No Act done or proceeding taken under this Act, by the Jal Sansthan or a committee appointed by the Jal Sansthan shall be invalidated merely on the ground of- (a) any vacancy or defect in the constitution of the Jal Sansthan or any committee thereof; o
Excerpt shown. Open the full act in Lexace.