LexThe U.P. Water Supply and Sewerage Act, 1975
Uttarakhand · state statute
Open in Lexace · Ask the AI about this actThe
U.P. Water Supply and Sewerage
Act, 1975
along with
Jal Sansthan (Assessment of Annual Value of
Premises) Rules, 1981
Jal Sansthan (Radius Regarding Levy
of Water Tax) Rules, 1993
and
NOTIFICATIONS
EASTERN BOOK COMPANY
LUCKNOW
CONTENTS
1. The UP. Water Supply and Sewerage Act, 1975 . . . . 1-39
p a g e s
CHAPTER I
PRELIMINARY
1 Short title, extent and Commencement .. .. .. 1
2 Definitions .. .. .. 2
CHAPTER II
ESTABLISHMENT, CONDUCT OF BUSINESS, FUNCTIONS AND POWERS OF THE
NIGAM
3 Establishment of the Nigam .. .. .. 4
4 Constitution of the Nigam .. .. .. 4
5. Disqualification for being Chairman or other member .. .. .. 5
6. Terms of office of Chairman and other members .. .. .. 6
7. Other provisions regarding office of the Chairman and other
members .. .. .. 6
8. Appointment of employees .. .. .. 6
9. Supervision and control over employees .. .. .. 6
10 Authentication of orders and other instruments of the Nigam .. .. .. 6
11 Delegation of powers .. .. .. 6
12 Disqualification for participation in proceedings of the Nigam
on account of interest .. .. .. 6
13 Acts not to be invalidated by informality, vacancy etc ... .. .. .. 7
14 Functions of the Jal Nigam .. .. .. 7
15 Powers of the Jal Nigam .. .. .. 8
16
. Power to call for reports and information .. .. .. 8
17
. Supervision and centage charges .. .. .. 9
CHAPTER III
ESTABLISHMENT, CONDUCT OF BUSINESS, FUNCTIONS AND POWERS OF JAL
SANSTHANS
18
. Establishment of Jal Sansthans .. .. .. 9
19
. Jal Nigam as Jal Sansthan .. .. .. 9
20
. Constitution of Jal Sansthan .. .. .. 10
21
. Disqualifications .. .. .. 11
I V C O N T E N T S
Sections Pages
22. Term of office .. .. .. 11
23. Remuneration .. .. .. 11
24. Functions of a Jal Sansthan .. .. .. 11
25. Powers of a Jal Sansthan .. .. .. 12
26. Delegation of powers .. .. .. 12
27. Creation of posts and appointment of employees .. .. .. 12
27-A Centralisation of services .. .. .. 13
28 Authentication of orders and other instruments of the Jal
Sansthan .. .. .. 13
29 Act not to be invalidated by informality, vacancy, etc .. .. .. 13
30 Disputes with consumers .. .. .. 13
CHAPTER IV
VESTING OF PROPERTIES, ASSETS, LIABILITIES AND OBLIGATIONS AND TRANSFER OF EMPLOYEES
31 Vesting and transfer of property to Nigam .. .. .. 14
32 Decision of the State Government on the vesting of property
to be final
.. .. .. 14
33 Vesting of existing water supply and sewerage services in Jal
Sansthans .. .. .. 15
34 Jal Sansthan to assume obligations of local authority in
respect of matters to which this Act applies
.. .. .. 15
35 Co-ordination of activities of Jal Sansthan and other local
bodies .. .. .. 15
36 Special powers of Nigam in relation to its re-Iending
operations
.. .. .. 15
37 Transfer of employees to Nigam .. .. .. 15
38 Transfer of employees to Jal Sansthan .. .. .. 17
CHAPTER V
PROPERTY, CONTRACT, FINANCE, ACCOUNTS AND AUDITS
39 Execution and registrati on of contracts, etc. .. .. .. 19
40 Nigam's Funds .. .. .. 19
41 Jal Sansthan's Fund .. .. .. 19
42 General principles for Jal Nigam's Finance .. .. .. 19
43 Grants and subventions to the Nigam and Jal Sansthan .. .. .. 19
44 General principles for Jal Sansthan's Finance .. .. .. 19
45 Loans to the Nigam .. .. .. 19
C O N T E N T S V
Sections Pages
46 Power of the Jal Nigam to borrow and re-Iend .. .. .. 19
47 Depreciation reserve .. .. .. 20
48 Government Guarantor .. .. .. 20
49 Direct management by Nigam .. .. .. 20
50 Accounts and audit .. .. .. 21
51 Surcharge .. .. .. 22
CHAPTER VI
TAXES, FEES AND CHARGES
52 Taxes leviable .. .. .. 22
53 Assessment of annual value .. .. .. 23
54 Appeal against assessment .. .. .. 24
55 Restriction on levy of taxes .. .. .. 24
56 Liability for payment of taxes .. .. .. 24
57 Consolidation of taxes .. .. .. 24
58 Application of certain provisions of U.P. Act 2 of 1959 .. .. .. 24
59 Cost of water .. .. .. 25
60 Cost of disposal of waste water .. .. .. 25
61 Meter Rent .. .. .. 25
62 Security .. .. .. 25
63 Fees .. .. .. 25
64 Recovery of taxes and other sums due .. .. .. 25
CHAPTER VII
WATER SUPPLY
65 Definition of supply of water for domestic purposes .. .. .. 25
66 Supply of water by Jal Sansthan .. .. .. 26
67 Water supply for domestic purposes not to be used for non-
domestic purposes
.. .. .. 26
68 Provision of fire hydrants .. .. .. 26
69 Power to provide water meters .. .. .. 27
70 Licensed plumbers .. .. .. 27
71 Prohibition of wastage of water .. .. .. 27
72 Power to cut off water supply .. .. .. 27
73 Prohibition of certain acts .. .. .. 28
V I C O N T E N T S
Sections Pages
CHAPTER VIII
SEWERAGE
74 Right of owner or occupier to obtain sewer connection .. .. .. 29
75 Power to require owner to have sewer connection .. .. .. 29
76 Prohibition of connection with sewer .. .. .. 29
77 Prohibition of construction of building over sewer .. .. .. 29
78 Power to affix shaft etc., for ventilation of sewer cesspool .. .. .. 29
79 Power to examine and test sewer etc., believed to be defective .. .. .. 29
80 Prohibition of certain acts .. .. .. 30
81 Power of entry, survey etc. .. .. .. 30
82 Power to disinfect tanks, pools and wells .. .. .. 31
CHAPTER IX
PENALTIES AND PROCEDURE
83 Cognizance of offences .. .. .. 31
84 General penalty .. .. .. 31
85 Offences by companies .. .. .. 31
86 Power to arrest person refusing to give his name and address .. .. .. 32
87 Composition of offences .. .. .. 32
88 Duties of police officers and employees of the local bodies .. .. .. 32
CHAPTER X
EXTERNAL CONTROL
89 Directions to the Nigam on questions of policy .. .. .. 32
90 Annual report, statistics, returns and other information by the
Nigam
.. .. .. 33
91 Direction to a Jal Sansthan on questions of policy .. .. .. 33
92 Annual reports, statistics, returns and other information by a Jal
Sansthan
.. .. .. 33
CHAPTER XI
MISCELLANEOUS
93 Duty of local bodies to assist .. .. .. 33
94 General power to pay compensation .. .. .. 34
95 Protection for acts done in good faith .. .. .. 34
C O N T E N T S V I I
Sections Pages
CHAPTER XII
RULES, REGULATIONS AND BYE-LAWS
96 Power to make rules .. .. .. 34
97 Regulations .. .. .. 34
98 Bye-laws .. .. .. 35
CHAPTER XII
TRANSITORY PROVISION AND REPEAL
99 Transitory Provision .. .. .. 36
100 Repeal and amendment .. .. .. 36
100-A Dissolution of Jal Sansthan and the consequences thereof .. .. .. 36
101 Water Supply and Sewerage Fund .. .. .. 37
102 Removal of difficulties .. .. .. 37
103 Repeal and saving .. .. .. 38
II. The Jal Sansthan (Assessment of Annual
Value of Premises) Rules, 1981
.. .. .. 39-41
1 Short title, extent and commencement .. .. .. 39
2 Definitions .. .. .. 39
3 Preparation of assessment list: Section 53(2) .. .. .. .. 39
4 Publication of the list .. .. .. 39
5 Objections of entries in the list .. .. .. 40
6 Authentication and custody of the list .. .. .. 40
7 Revision and duration of list .. .. .. 40
8 Finality of the entries .. .. .. 40
9 Power of the Assessing Authority .. .. .. 40
III.
Jal Sansthan (Radius Regarding Levy of Water
Tax) Rules, 1993
42
NOTIFICATIONS .. .. .. 43-45
The
U.P. Water Supply and Sewerage
Act, 1975
[U.P. Act 43 of 1975]
[As passed by the Uttar Pradesh Legislature]
An Act to provide for the establishment 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
1. Short title, extent and commencement.- (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.
1[(3) It shall be deemed to have come into force on June 18, 1975.]
The Government in Swayatta Shashan A nubhag-4 Notification 125/9-4(W.B.S.)-75, dated
January 15, 1976 appointed September 8, 1975 for the coming into force of this Act in
exercise of the powers under ol d sub-section (3) of Section 1 of the Act. The said sub-
section was as follows:
"(3) It shall come into force on such date as the State Government may by notification
in the Gazette appoint in that behalf, and di fferent dates may be appointed in respect of
different provisions."
Now the said notification stands repealed automatically with the substitution of the old sub-
section (3) of Section 1 and the Act shall be deemed to have come into force on 18-6-1975
instead of 8-9-1975.
2. Definitions.- In this Act, unless the context otherwise requires---
(1) "cesspool" 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 wa ter is supplied to any premises from the main and
includes a connection pipe, service pipe, meter or other fittings;
(3) "connection pipe" means any water pipe from a ferrule to st op-cock connecting the
main of the local body, Jal Sans than 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 other such
1. Subs. by V.P. Act 28 of 1978.
[ 1 ]
2 U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 [S.2]
establishments as are not a pa rt of any trade or industry, and arising out of personal
and normal human activities such as drin king, bathing, ablu tion, 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- oil water, and also includes any culvert,
ventilation shaft or pipe or other appliances or fittings connected with such drain, and
any ejectors, compressed air mains, sealed sewage mains and special machinery or
apparatus for raising, collec ting, expelling or removing se wage 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;
(10) "Local Self-Government Engineering De partment" and "Community Development
Department" means the departments with these names under the State Government;
(11) "Local area" means the area falling within the jurisdiction of a local body;
(12) "local body" means a Nagar Mahapali ka, 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 Ni gam, 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 a pparatus used in connection with such a
pipe;
(14) "Managing Director" means a Managing Di rector of Nigam, appointed under clause
(a) of sub-section (2) of Section 4;
(15) "Nigam” means the Uttar Pradesh Jal Nigam established under Section 3;
(16) "occupier" in relation to any premises includes the following-
(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; (d) a licensee
who is in occupation of those premises; and
(e) any person, who is liable to pay damages to the owner in re spect of use and
occupation of those premises;
(17) "owner" in relation to any premises m eans 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;
2 U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 [S.2]
(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 aut hority 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 any premises;
(25) "sewage" means night-soil and other contents of water closets, latrines, privies, urinals,
cess-pools, or drains, and po lluted water from sinks, bathrooms, stables, and other
like places, and includes trade effluent;
(26) "sewer" means a closed conduit for carryi ng sewage, offensive matter, polluted water,
waste water or sub-soil water;
(27) "sewerage" means a syst em of collection of waste water from a community from its
houses, institutions, industry and public pla ces, 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 a ny liquid either with or wit hout particles of matters in
suspension therein, which is w holly or in part produced or discharged in the course of
any trade or industry, incl uding agriculture and horticulture, but it does not include
domestic sewage;
(30) "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 Jal Sansthan; and
(b) the water pipe connecting su ch a tank, cistern, hydrants, st and-pipe, meter or tap,
with such main or pipe;
(31) "water supply" means a system of providing water to a community for meeting its
requirement for drinking and other domes tic uses, industry, recreation and various
public uses;
(32) "waterworks" includes water channel (i ncluding stream, lake, spring, river or canal,
pump, galleries, reservoir, cistern, tank) duct, whether covered or open, treatment units
sluice, supply main, culvert, engine, wa ter-truck, hydrants, st and 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.
4 U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 [S.3]
CHAPTER II
ESTABLISHMENT, CONDUCT OF BUSINESS, FUNCTIONS AND POWERS OF THE
NIGAM
3. Establishment of the Nigam.-(l) The State Government shall, by notification in the
Gazette and with effect from a date to be sp ecified therein, constitute a corporation by the
name of the Uttar Pradesh Jal Nigam.
(2) The Uttar Pradesh Jal Nigam shall be a body corporate by the said name, having
perpetual succession and a common seal, and sh all sue and be sued by the said name and
have the power to acquire, hold or dispose of property.
(3) The Nigam shall for all purposes be deemed to be a local authority.
(4) The Nigam shall have its head office at Lucknow and may have offices at such other
places as it may consider necessary.
4. Constitution of the Nigam.-(1) The Nigam shall consist of a Chairman appointed by the
State Government besides the members specified in sub-section (2).
(2) The members other than the Chairman shall be as follows, namely:
(a) a Managing Director 2to be appointed by the State Government, who shall be a
qualified engineer having administrative e xperience and also the experience of water
supply and sewerage works;
(b) a Finance Director (to be appointed by the State Government), who shall have
experience of matters relating to finance and accounts;
(c) the Secretary to the State Government in the Finance Department, ex officio;
3[(d) the Secretary to the State Government in-c harge of the Water Supply Department, ex
officio;
(dd) the Secretary to the State Government in the Planning Department, ex
officio;]
(e) the Director of Local Bodies, Uttar Pradesh, ex officio;
(f) the Director of Medical and Health Services, Uttar Pradesh, ex officio;
(g) 4[five] elected heads of local bodies in the State, to be nominated by the
State Government.
5[(2-A) Notwithstanding anything contained in the Uttar Prades h State Control Over Public
Corporations Act, 1975 or in any direction issued thereunder, the member referred to in clause
(a) of sub-section (2) shall be appointed from amongst the persons possessing such
qualifications and experience and in accordance with such manner as may be prescribed.]
_________________
2. Brackets deleted by U.P. Act 2 of 2002, S. 2 (w.e.f. 27-6-2002).
"3. Provisions with respect to existing vacancy.-Notwithstanding anyt hing contained in any
judgment, decree or order of any court, the provision s of the principal Act as amended by this Act,
shall apply also in respect of a vacancy in the post of Managing Director, existing from before the
commencement of this Act.
Explanation.- The expression 'Managing Director' shall have the meaning assigned to it in the
principal Act.".
3. Subs.. by U.P. Act 5 of 1984 (w.e.f. 12-12-1983).
4. Subs. by U.P. Act 28 of 1978 (w.e.f. 1-8-1978).
5. Ins. by U.P. Act 2 of 2002, S. 2 (w.e.f. 27-6-2002).
S.6] U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 [S.5]
(3) The appointment of the Chairman and members other than ex officio members shall be
notified in the Gazette.
6[(4) Instead of attending a meeting of the Nigam himself, a member referred to 7[in clause
(c), (d) or clause (dd)] of sub-section (2) may depute an o fficer 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 (j) of that sub-section may depute an offi cer 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].
5. Disqualification for being Chai rman or other member.-A pers on shall be disqualified for
being chosen as and for being the Chairman or other member of Nigam 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 the Nigam:
(e) has, directly or indirectly by himself or by any partner, employer or employee, any
share or interest, whether pe cuniary or of any other na ture, 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:
Provided that a person shall not be disqualified under clause (e) or clause (j) 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 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 a ny advertisement relating to the affairs of the Nigam, is
published;
(iv) the occasional sale to the Nigam up to a value not exceedi ng ten thousand rupees
in anyone year, of any article in which he or the company regularly trades.
6. Terms of office of Chairman and other memb ers.-(l) The Chairman of the Nigam, 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 person nominated under clause (g) of sub-section (2) of S ection 4 shall, unless his
term is determined earlier by the State Governme nt 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 reappointment.
________________
6. Subs. by U.P. Act 28 of 1978 (w.e.f. 1-8-1978).
7. Subs. byU.P. Act 5 of 1984 (w.e.f. 12-12-1983).
S.6] U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 [S.7]
(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 resi gn his office, and on such resignation being
accepted, he shall be deemed to have vacated his office.
7. Other provisions regarding office of the Chairman and other members.-(1) The Chairman
and the members appointed under clauses (a) 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 af oresaid is by infirmity or otherwise rendered
temporarily incapable of carry ing out his duties or is abse nt on leave otherwise in
circumstances not involving the vacation of his appointment, the State Government may
appoint another person to officiate for him and to carry out his functions under this Act.
8. Appointment of employees.- (l) Subject to the provision of sub-se ction (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 employ ees as the State Government may, by general
or special order specify, shall be made in thei r terms and conditions shall be determined with
the approval of the State Government.
(2) The Nigam may, with the previous approval of the State Government, appoint a servant
of the Central Government or the State Gove rnment as an employee of the Nigam on such
terms and conditions as it thinks fit.
9. Supervision and control over employees.- Subject to the s uperintendence 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.
10. Authentication of orders and other instruments of the Nigam.- (l) 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 atte nd a meeting of the Nigam for the purpose of
assisting or advising it on any matter, and th e person so invited may take part in any
proceedings of the Nigam but shall have no right to vote.
11. Delegation of powers.- Subject to the provisi ons of this Act, the Nigam may by general
or special order, delegate, either unconditiona lly 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 Mana ging 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.
12. Disqualification for participation in proceedi ngs of the Nigam on account of interest.-
(l) The Chairman or any other member of th e Nigam or of a comm ittee appointed by the
Nigam who--
(a) has any share or interest of th e nature described in clause (e) or clause (f) of Section
5 in respect of any matter, or
S.14] U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 7
(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 Se ction 5, vote or take part in
any proceeding (including any discussion on any re solution or question) of the Nigam or any
committee thereof relating to such matter.
(2) If any member of the Nigam or of a Comm ittee appointed by the Ni gam 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 pa rt in the discussion of any resolution or
question relating to any subject other than a subject referred to in those sub-sections.
13. Acts not to be invalidated by informality, vacancy etc.- 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.
14. Functions of the Jal Nigam.-The functions of the Nigam shall be the following, namely:
(i) the preparation, execution, promotion and fi nancing the schemes for the supply of
water and for sewerage and sewage disposal;
(ii) to render all necessary services in regard to water supply and se werage to the State
Government and local bodies, on request to private institutions 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 local bodies which have en tered into an agreement with the Nigam
under Section 46;
(v) to assess the requirement for material s and arrange for their procurement and
utilisation;
(vi) to establish State standards for water supply and sewerage services;
(vii) to perform all functions, not stated herein which were being performed by the Local
Self-Government Engineering Department before the commencement of this Act;
(viii) to review annually the technical, financia l, economic and other aspects of water
supply and sewerage system of every Jal Sansth an or local bodies wh ich have entered into
an agreement with the Nigam under Section 46;
(ix) to establish and maintain a facility to revi ew and appraise the t echnical, financial,
economic and other pertinent as pect of every water supply and sewerage scheme in the
State;
8 U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 [S.15]
(x) to operate, run and maintain any waterwor ks 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 di scharge of the functions of the Nigam or
a Jal Sansthan;
(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.
15. Powers of the Jal Nigam.-(l) The Nigam 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 power shall include
the power-
(i) to inspect all water supply and sewerage facilities in the State by whomsoever they are
operated;
(ii) to obtain such periodic or specific information from any 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 se rvices rendered by the Nigam to the State
Government, local bodies, institutions or individuals;
(vi) to enter into contract or ag reement with any person, firm or institution, as the Nigam
may deem necessary, for performing its functions under this Act;
(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 debentur es to obtain subventions and grants and manage its
own funds;
(x) to disburse loans to local bodies for their water supply and sewerage schemes;
(xi) to incur expenditure and to grant loans and ad vances to such persons or authorities as
the Nigam may deem necessary for performing the functions under this Act.
16. Power to call for reports and information.-(l) The Nigam may call for such reports and
information from a Jal Sansthan or local body as the Nigam may consider necessary and after
considering them, issue such directions to such Jal Sansthan or local body as may be
considered necessary.
(2) (a) The directions so issued shall be compli ed with by the Jal Sansthan or local body
concerned as speedily as possible.
S.19] U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 9
(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
direction thereon shall be final.
17. Supervision and centage charges.-The Nigam may include in the cost of any scheme or
work the execution or further ex ecution whereof is undertaken unde r clause (i) of Section 14,
supervision and centage charge 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
18. Establishment of Jal Sansth ans.- (1) If in the opinion of the State Government, local
conditions so require and it is considered necess ary 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 notif ication in the Gazette and with effect from
the date specified therein.
(3) A Jal Sansthan 8[not being a Jal Sansthan referred to in sub-section (1) or sub-section
(2) of Section 20] may be const ituted under sub-section (1) to ha ve 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 perp etual 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.
(5) 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 place within its jurisdiction as it may
consider necessary.
(8) The State Government may, where its consid ers necessary or expedient in the public
interest so to do, by notification in the Gazette, a nd with effect from the date specified in the
notification-
(a) include any area in or exclude any area from , the area of a Jal Sansthan specified in
the notification under sub-section (1);
(b) divide the area of a Jal 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 Sa nsthans 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 th e notification under s ub-section (1) shall cease to be such
area.
9[19. Jal Nigam as Jal Sansthan.- The State Gove rnment may, by notificat ion, direct that in
such rural areas as are specified in the not ification, for which no Jal Sansthan has been
established under Section 18, all or any of the powers, duties
8. Ins. by U.P. Act 28 of 1978 (w.e.f. 1-8-1978).
9.Subs. by U.P. Act 28 of 1978 (w.e.f. 1-8-1978).
10 U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 [S.20]
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 th e 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].
10[20. Constitution of Jal Sansthan.- (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 th e Nigam with the approval of the State
Government who shall be a qualified engin eer having administrative experience and
experience of water supply and sewerage works;
(b) a Joint Director of Medical and Health Serv ices 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;
(f) the Mukhya 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 Pr esident of the Municipal Board (ex officio), and
the following other members namely:
(a) a General Manager, to be appointed by th e Nigam with the approval of the State
Government who shall be a qualified engi neer 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 Di strict 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 seniormost officer of the Commun ity Development Department having his
headquarter within the area of the Jal Sansthan;
(c) a General Manager, 11 [to be appointed 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;
10.Subs. by U.P. Act 28 of 1978 (w.e.f. 1-8-1978).
11.Subs. by U.P. Act 5 of 1984 (w.e.f. 12-12-1983).
S.24] U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 11
(e) one nominee of the State Government from amongst the elected heads or 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 of the Jal Sansthan
is situate.]
21. Disqualifications.- The provisions of Secti on 5 relating to the disqualifications for
being Chairman or other member of the Nigam shall mutatis mutandis apply in relation to the
offices of Chairman and other members of the Jal Sansthan also.
22. Term of office.- (l) The Chairman of a Ja l Sansthan, unless appoint ed 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 offi ce as elected member of the local body concerned,
whichever is earlier.
(3) The member appointed under clause (c) of sub-section (2) of Section 20 shall hold
office on such terms and conditions as the State Government 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 re sign his office, and on such resignation being
accepted he shall be deemed to have vacated his office.
23. Remuneration.- (l) The Chairman and such ot her members of a Jal Sansthan, if they
work whole-time for the Jal Sansth an shall be paid from the f unds of the Jal Sansthan such
remuneration, if any, as may be fixed by the State Government.
(2) If the Chairman or any ot her member of a Jal Sansthan is by infirmity or otherwise
rendered incapable of carrying out his duties or is absent on leave othe rwise 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.
24. Functions of a Jal Sansthan.- 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 n ecessary, to ensure water supply in times of
any emergency;
12 U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 [S.25]
(v) such other functions as may be entrusted to it by the State Government by notification
in the Gazette.
25. Powers of a Jal Sansthan.- (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 power-
(i) to exercise all powers and perform all th e functions relating to water supply, sewerage
and sewage disposal of the area which lies within its jurisdiction;
(ii) to acquire, possess and hold lands and other property and to carry any water or
sewerage works through, across, over or unde r any highway, road, street or place and,
after reasonable noti ce, 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 w ith 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 wate r supply and sewerage services, subject to
approval of the Nigam and collect all taxes and charges for these services as may be
prescribed:
12[Provided that no decision to introduce or amend such tari ff 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.
26. Delegation of powers.- Subject to the provisi ons of this Act, a Jal Sansthan may by
general or special order, delegate, either uncondi tionally or subject to such conditions 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 Ja1 Sa nsthan 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.
13[27. Creation of posts and appointment of employees.- (l) The Ja1 Sansthan may, with the
previous approval of the State Government, creat e such posts of officers and other employees
and with such designations as it considers n ecessary 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 orde r, specify shall be made and the terms and
conditions of appointment on such posts shall be determined with the approval of the
Government.
________________________
12. Ins. by U.P. Act 28 of 1978 (w.e.f. 1-8-1978).
13. Subs. by U.P. Act 5 of 1984 (w.e.f. 12-12-1983).
S.30] ATER SUPPLY AND SEWERAGE ACT, 1975 13
(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.]
14[27-A. Centralisation of serv ices.- (1) Notwithstanding anyt hing 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 met hod of recruitment and conditions of service of
persons appointed to any such service.
(2) Where any such service is created, empl oyees serving on the po sts included in the
service as well as officers and servants perfor ming duties and functions of those posts may, if
found suitable, be absorbed in the service, prov isionally or finally, and the service of others
shall be determined in the prescribed manner.
(3) On the creation of such serv ice 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 gene rality of the provisions of s ub-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.]
28. Authentication of orders and other instruments of the Jal Sansthan.-
(1) All proceeExcerpt shown. Open the full act in Lexace.