LexThe Calcutta Metropolitan And Sanitation Authority Act, 1966
West Bengal · state statute
Open in Lexace · Ask the AI about this act• West Bengal Act XIII of 1966 THE CALCUTTA METROPOLItat AND SANITATION AUTHORITY ACT, 1966. [Passed by the West Bengal Legislature.] [Assent of the President was first published in the Calcutta. Gazette, Extraordinary, of the 26th May, 1966.] [26th May, 1966.] An Act to provide for the establishment of an Authority for the maintenance, development and regulation of water-supply, sewerage and drainage services and for the collection and disposal of garbage in the Calcutta Metropolitan District with a view to the promotion of public health and for matters connected therewith. WHEREAS it is expedient to provide for the establishment of an Authority for the maintenance, development and regulation cif water-supply, sewerage and drainage services and for the collection and disposal of garbage in the Calcutta Metropolitan. District with a view to the promotion of public health and for matters connected therewith; It is hereby enacted. in the Sixteenth Year of the Republic of India, by the Legislature of West Bengal, as follows:— CHAPTER I. - PRELIMINARY. _ (1) This Act-may be called the Calcutta Metropolitan Water and Sanitation Authority Act, 1966, (2) It extends to the Calcutta Metropolitan District exclud- ing any cantonment or part of a cantonment within the said District. It shall come is force at: oco. Z. (1) In 'this Act unless there is anything repugnant in thniNect ar context,- - (a) Authority' means the Calcutta Metropolitan Water and Sanitation Authority established under section _ 3; • • Short title, extent and Commence. ment. befini Hone. (b) "Board" means the Board of Directors mentioned in section 4; • the area esto . or "District" means ribed in Schedule 6r 4 Government meaessix"..a consu tation with the Authority, amend from time to time by notification; (d) "Chairman" means the Chairman of the Board appointed under sub-section (5) of section 5; The titan Water and Sanitation Authority Act, 1966. [West Ben. Act (Chapter 11.—Establishment and Constitution of the Authority. —Section 3.) (e) "Director" means a Director of the Board appointed or elected under section 5; (f) "garbage" includes offensive matter, rubbish and carcasses of dead animals; (g) "General Manager" means the General Manager of the Authority appointed under section 18; (1) "local authority" means a municipal corporation or municipality or other authority legally entitled to the control or management of local funds but does not include the Commissioners for the Port of Calcutta; (i) "member" means a member of the General Council mentioned in section 4; (j) "notification" means a notification published in the Official Gazette; _ (k) "prescribed" means prescribed by rules made under this Act; (I) "public authority" includes any statutory authority or corporation, not being a local authority, exercising public functions; - (tn) means regulations made under this Act. -(2T -The expressions -"building", "drain", "house-drain", nou.se-gully", "occat """_offensive matter", "owner", "private street" ' "public street", "ru -a-na "sewage" used in this Act shall, unless there is anything repugnant in the subject or the sate meaning as in the Calcutta Mihttital_Wr Ilin• 1951. Act -.ECK XXXI pj 19-51 ESTABLISHMENT AND CONSTITUTION OF THE AUTHORITY. ' va urir..,.......... 3. (1) With effect.' a tri ich date as the State Government "gam_ by notification, appoint in dist. behalf, there shall be lifighted Rif` _ t a Metropolitan District an Authority the name ofthe Me ,Wathr and Sanitation . ---.....„, Authority. (2) The Authority shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued. The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. XIII of 1966.] (Chapter It—Establishment and Constitution of the Authority. —Sections 4, 5.) 4. (1) The Authority shall consist of--- (i) a Board of Directors, and (ii) a General Council. (2) All action taken by the Authority shall be expressed to be taken in the name of the Authority, and orders and other instruments made and executed in the name of the Authority shall be authenticated by affixing the seal of the Authority and signature of the Chairman or any other Director authorised in this behalf by the Board. 5. (1) The Board of Directors mentioned in section 4 shall consist of six Directors, namely:— (a) three whole-time Directors appointed by the State Government by notification, of whom one shall be an engineer v ith experience in public health engineering and another shall be a person with experience in financial administration, and (b) three Directors elected, in such manner as may lx prescribed, by the General Council, of whom one shall be from amongst the members representing the Calcutta Corporation, another from amongst the members representing other municipal corporations and municipalities and the third one from amongst the members representing the Zilla Parishads, and the names of the persons so elected shall In published by the Chairman by notification: Provided that no member who is a Government servant shall take part or vote in the election of a Director by the General Council: Provided further that where all the members representing the Calcutta Corporation or the other munic'pal corporations and municipalities or the Zilla Pari-shads suffer from any disqualification under sub- section (4) or are unwilling to act as Directors, the General Council shall elect a Director from amongst the elected members of the Calcutta Corporation. elected members and commissioners of other municipal corporations and municipalities, ot members of the Zilla Parishads, specified in Schedule II. (2) (a) The terms of office of the first Directors to he appointed under clause (a) of sub-section (1) shall be for different periods of two, four and six years as the State Government may decide in each case and of Directors appointed thereafter six years. Such a Director shall be eligible for re-appointment at the end of his term. 3 Conistita- tion of the Antliorit Board of Directors. 1 .4 The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. [West Ben. Act (Chapter II.—Establishment and Constitution of the Authority. —Section 6.) (b) The terms of office of Directors elected under clause (b) of sub-section (1) shall be two years: Provided that a Director elected as a representative of a municipal corporation, municipality, or Zilla Pari• shad shall cease to hold office when he ceases to be such a representative. (3) The qualifications, remuneration and other conditions of service of Directors appointed under clase (a) of sub- section (1) and the fees for attendance at meetings of Directors elected under clause (b) of the said sub-section shall be such as may be prescribed. (4) A person shall be disqualified for being- appointed or elected, or for continuing as, a Director if he has, directly or indirectly, any interest in a subsisting contract made with, or in any work being done for, the Authority except as a share- holder (other than a director) in an incorporated company; provided that where he is a share-holder, he shall disclose to the State Government the nature and extent of shares held by him in such company. (5) The State Government shall appoint one of the Directors appointed under clause (a) of sub-section (I) as the Chairman whose duties and functions shall be such as may be prescribed. (6) (a) The Directors appointed under clause (a) of sub-section (1) shall, pending election of Directors by the General Council under clause (b) of the said sub-section, be competent to function as the Board and be deemed to be a duly constituted Board under this section. (b) If the General Council does not, by such time as may be prescribed in this behalf, elect a Director representing any body or group of bodies specified in clause (b) of sub-section(1), the State Government shall, by notification, appoint a date for such election and if the General Council fails to elect the Director by the appointed date, the State Government shall, by notification, appoint a Director from amongst the members representing such body or group of bodies, and in such case the provisions of the second proviso to clause (b) of sub-section (1) shall apply subject to the change therein that in place of the words "the General Council shall elect", the words "the State Government shah appoint" shall be read. Any person so appointed shall be deemed to be a Director as if he had been elected by the General Council. Ron esigna- 6. (I) The Chairman or any of the Directors appointed under casual clause (a) of sub-section (1) of section 5 may resign his office vacancies by giving notice in writing to the State Government and any sad , of the Directors elected under clause (b) of the said sub-section temporary- may resign his office by giving notice in writing both to the General Council and the State Government. The Chairman or a Director giving such notice shall, on the resignation being notified in the Official Gazette by the State Government, be deemed to have vacated his office on and from the date on which the resignation is so notified. The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. XIII of 1966.] (Chapter 11.—Establishment and Constitution of the Authority. —Section 7.) (2) If any vacancy arises in the office of the Chairman or of any other Director by death, removal, resignation, or otherwise, the State Government shall, in the case of a Director appointed under clause (a) of sub-section (1) of section 5, make a fresh appointment, and the General Council shall, in the case of a Director elected under clause (b) of the said sub-section, make a fresh election, to fill the vacancy and the Chairman or the Director so appointed or the Director so elected shall hold office for the unexpired portion of the term of his predecessor- in-office. (3) If any Director is on account of illness or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving his removal, the State Government or the General Council may forthwith appoint or elect, as the case may be, another person to act in his place. 7. (1) The General Council -mentioned in section 4 shall consist of seventeen ex-officio members, three members nomi- nated by the State Government, ten members representing the State Legislature of whom seven shall be elected by the members of the West Bengal Legislative Assembly and three by the members of the West Bengal Legislative Council, in accordance with the system of proportional representation by means of the single transferable vote, and twenty-five members being repre- sentatives of the municipal corporations and municipalities within the District, as specified in Schedule II. (2) The nominated members shall hold office for such term as the State Government may decide and the members elected by the State Legislature and the members representing the municipal corporations and municipalities shall hold office for a term of two years: Provided that a member nominated in his capacity as a member of a particular body or a member elected by the State Legislature or a member representing a municipal corporation or municipality shall cease to hold office when he ceases to be a member of that body or the State Legislature or the municipal corporation or municipality, as the case may be: Provided further that a member, if not otherwise disqualified, may be nominated or elected for more than one term. (3) (1) The representation of the municipal corporations and municipalities shall be on the basis and in the manner as laid down in Schedule II which may be amended by the State Government from time to time by notification having regard to the contiguity, areas, and changes in the population strength and number of different municipal corporations and municipali- ties within the District. Gears' - Colwell. Pustotioes of the ketkorityr. 6 - The Calcutta. Metropolitan Water and Sanitation Authority Act, 1966. [W. (Chapter 111.—Functions and Powers.—Sections est 8 Ben , 9.) Act (ii) The Mayor of a municipal corporation or the Chairman of a municipality shall represent the municipal corporation or municipality, as the case may be. Where the Mayor of a municipal corporation or the Chairman of a municipality is unable to represent the municipal corporation or muni- cipality, the member for such municipal corporation or municipality and the additional members representing the Corporation of Calcutta, the Howrah Municipality and the South Suburban Municipality shall be the person or persons nominated by the Mayor of the municipal corporation or the Chairman of the municipality from amongst the elected members of the municipal corporation or the municipality, as the case may be. In the case of a superseded municipality the person or persons appointed by the State Government under section 554 of the Bengal Municipal Ben. Aot Act, 1932, shall represent such municipality, and in the case of XV of supersession of a municipal corporation not governed by the 1932. Bengal Municipal Act, 1932, it shall be represented by such person or persons as the State Government may appoint in this behalf. CHAPTER III. FUNCTIONS AND POWERS. Functions and powers of the Authority. 8. The functions of the Authority shall be the following, namely:— (1) the promotion and operation of schemes for— (a) supply of water, (b) sewerage, (c) drainage, (d) sewage treatment and disposal, and (e) collection and disposal of night-soil in areas yet to be sewered; (2) matters connected with and incidental to the functions mentioned in clause (1); (3) such other functions as may be entrusted to the Powers of the Authority by the State Government by notification. Authority. 9. (1) The Authority shall, subject to the provisions made elsewhere in this Act, have the power to do anything which may The necessary or expedient for the purpose of carrying out its functions under this Act. The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. XIII of 1966.] (Chapter 111.—Functions and Powers.—Section 9.) (2) Without prejudice to the generality of the foregoing provision, such power shall include the power— (1) to take over all existing municipal resposibilities, powers, controls, facilities, services, and administra- tion within the District relating to water-supply, sewerage, drainage, and collection and disposal of night-soil and to manage them so as to provide all the people of the area with water, sewerage and drainage services and services of collection and disposal of night-soil until sewerage is constructed throughout the District; (iii) to extend, expand and develop existing facilities and to construct and operate new ones for the supply of water and for providing sewerage and drainage services; (iii) to establish, maintain and operate laboratories, and experimental and research stations; (iv) to establish in-service training courses and provide other training for its personnel; (v) to adopt chemes for water-supply, sewerage, drainage and night-soil collection and disposal services; (vi) to regulate drilling of tubewells, public or private, and to control withdrawal of underground water; (vii) to prevent pollution of any water including any water-source, water-course or channel within the District; (viii) to regulate the treatment of industrial wastes before discharge thereof into any sewer, canal, river or other water channel within the District; to enter into contracts, agreements or arrangements with any person or organisation as the Authority may deem necessary for performing its functions under this Act; (x) to acquire, hold and dispose of property, movable or immovable, as it may deem necessary; (xi) to adopt its own budget annually; (xii) to determine, levy and collect taxes, fees and charges; (xiii) to borrow money, issue debentures and manage its own funds; and (xiv) to incur expenditure and to grant loans and advances as it may deem necessary for carrying out its func- tions under this Act. 4 Collection and disposal of garbage. Powers to undertake survey. Power to the Anthorit to place and maintain Pipes, drains, etc. The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. [West Ben. Act (Chapter 111.- 2 Functions and Powers.—Sections 10-12.) 10. (1) In addition to the functions and powers specified in sections 8 and 9, the Authority may in any area within the District undertake the function of— (a) either collection or disposal of garbage or both by entering into agreement with any municipal corpora- tion or municipality within the District on such terms and conditions as may be agreed upon, or (b) collection and disposal of garbage, and may for that purpose take over with effect from such date as it may specify by notification all existing responsibili- ties, powers, facilities, services and administration relating to collection and disposal of garbage from a municipal corporation or municipality within the District. (2) When in respect of any area the Authority undertakes pollection and disposal of garbage under clause (b) of sub- section (1), it may provide or appoint receptacles, depots or places in public streets and other public places in such area for the temporary deposit or final disposal of garbage, and may make such regulations as may be necessary for the deposit, collecton, removal and disposal of garbage and for the regulation thereof. 11. The Authority may, for the purpose of carrying out its functions, undertake survey of any area within the District and for that purpose it shall be lawful for any officer of the Authority— (a) to enter upon and take level of any land; (b) to dig or bore into the sub-soil; (c) to mark levels and boundaries by placing marks and cutting trenches; and where otherwise the survey cannot be completed and levels taken and boundaries marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that before entering upon any land the Authority shall give notice of its intention to do so in such manner as may be provided by regulations. 12. The Authority may from time to time place and maintain pipes, drains and other installations upon, along, across or under any immovable property and enter upon such property for such purposes and for the purposes of examining, repairing, altering or removing such pipes, drains and installations: Provided that the Authority shall not acquire any right other than that of user only in the property upon, along, across or under which the Authority places the pipes, drains and other installations: (d) The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. XIII of 1966.] (Chapter 111.—Functions and Powers—Sections 13-16) Provided further that before commencing any operation under this section, the Authority shall give notice of its intention to do so in such manner as may be provided by regulations. 9 Payment 13. While exercising any power conferred upon the for Authority under sections 11 and 12, the Authority shall cause damage. as little damage as possible to any property, and shall pay compensation to all persons interested in any such property, not being a property of the State Government, for any damage sustained by them in consequence of the exercise of such power. 14. The Authority may for the purpose of carrying out its functions under this Act, with the previous sanction of the State Government, compulsorily acquire any land with or without structures thereon under the provisions of any law for the time being in force authorising such acquisition. Power to acquire land °output wrily. - r aand tlisfoer 6f 15. When any land has been acquired in pursuance of section 14, the Collector within whose jurisdiction the land is the situated shall, upon payment of the cost of acquisition, make Authority. over charge of the land to the Authority, and the land shall thereupon vest in the Authority, subject to the liability of the Authority to pay any further cost which may have been incurred en account of its acquisition. Functions and powers of the Board. 16. (1) Unless otherwise provided in this Act, all Function corporate functions of the Authority shall be vested in the Board- 11,o,. and the Directors shall meet as Board at least once a week to the Board. discharge such functions as well as the functions hereinbelow specified and in such meetings the decision of the majority shall always prevail, the Chairman having a casting vote in the case of an equality of votes. (2) The number of Directors necessary to form a quorum and the procedure to be followed by the Board in the conduct of its business shall be such as may be provided by regulations. (3) The Board shall have the following functions and Powers, namely:— Ii) to appoint all officers and employees of the Authority; 'ii) to exercise general supervision and control over the General Manager; (iii) to prepare or cause to be prepared all schemes con- templated under clause (1) of section 8 and such schemes as may be necessary for carrying out the functions under section 10; tiv) to consider the annual budget prepared by the General Manager and adopt it with or without modifications, subject to the approval of the General Council ; 10 The Calcutta Metropolitan Water and Scmitation Authority Act, 1966. [West Ben. Act (Chapter 111.—Functions and Powers.—Section 17.) (v) to fix taxes, fees and charges subject to the approval of the General Council; (vi) to submit to the General Council for its approval— (a) the annual budget together with a programme for the next financial year of all development works, that is, works of extension or expansion of exist- ing facilities or construction of new facilities, but excluding works connected with maintenance, replacement or repair, (b) the annual financial statement, (c) the annual administrative report, (d) proposals for making regulations, and (e) proposals for raising loans and issuing debentures, Functions and powers of the General Council. Functions and powers of the general 'ouncil. 17. (1) The General Council shall meet at least once in three months. The Chairman of the Board shall be the presid- ing officer of the General Council and in case of equality of votes he shall have a casting vote. The other Directors shall have the , right to be present and speak in the meetings of the Council but, excepting the Directors who are also members, no right to vote. (2) The number of members necessary to form a quorum and the procedure to be followed by the General Council in the conduct of its business shall be such as may be provided by regulations. (3) The General Council shall have the power to approve-- (a) matters submitted to it by the Board under clause w0 of sub-section (3) of section 16,. and (b) taxes, fees and charges fixed by the Board: Provided that if the General Council does not approve any of the aforesaid matters, it shall within thirty days from the date of receipt thereof refer back the same with its recommendations to the Board for reconsideration and the Board shall after such reconsideration resubmit the matter with or without modifications to the General Council. In case the General Council fails to consider any of the aforesaid matters within thirty days from the date of its receipt for the first time or to refer back as aforesaid or does not approve any matter within fifteen days from the date of its resubmission, the Board may refer the matter forthwith to the State Government whose decision thereon shall be final. The Calcutta Metropolitan Water and Sanitation Authority 11 Act, 1966. XIII of 1966.1 (Chapter IV.—Establishment of the Authority. —Sections 18-22.) CHAP IlER IV. ESTABLISHMENT OF THE AUTHORITY. 18. (1) The Board shall appoint for the Authority a General Manager, who shall have administrative experience and be preferably an engineer. He shall have, in addition to the functions and duties specified elsewhere in this Act, such functions and duties as may be provided by regulations. (2) The General Manager shall be the chief executive officer of the Authority who shall be accountable to the Board for his actions. (3) The Board may appoint such other officers and employees as it considers necessary for the efficient performance of the functions of the Authority: Provided that in respect of officers and employees whose maximum salary does not exceed Rs. 1,000 per month, the Board may delegate its power to appoint to the General Manager. 19. Subject to the provisions contained in sub-section (1) of section 18, for all appointments under the said section, the method of recruitment, qualifications, pay and other terms and conditions of service shall be such as may be provided by regulations. 20. (I) All officers and employees of the Authority shall be subordinate to the General Manager. (2) Any officer or employee aggrieved by an order or deci- sion of the General Manager or any other, officer authorised by the General Manager in this behalf inflictingpunishment on him may appeal to the Board and the decision of the Board thereon shall be final. Appoint. went of officers and employees of the Authority. Conditions of service of officers arid employees. °Mows and employees to be suborcli. nate to the General Manager. 21. The General Manager may, with the previous approval Delegation of the Board, by order in writing— of powers by the General (a) delegate any of his powers and duties to his subordinate Manager officers and employees; and (b) define the powers and duties of such officers and employees. 22. No person who has directly or indirectly, by himself or his partner or agent, any share or interest in any contract, by or on behalf of the Authority, or in any employment under, by or on behalf of the Authority otherwise than as an officer or employee thereof, shall become or remain an officer or employee of the Authority. General disguali- fications of all officers and employees. 12 The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. [West Ben. Act (Chapter V.—Vesting of existing municipal water-supply, sewerage, drainage and certain other services. —Section 23.) CHAPTER V. VESTING OF EXISTING MUNICIPAL WATER-SUPPLY, SEWERAGE, DRAINAGE AND CERTAIN OTHER SERVICES. 23. (I) All existing water-supply, sewerage, and drainage services, and services relating to collection and disposal of night- soil including all plants, machineries, pumping stations, filter beds, water mains, public drains and all drains in, alongside or under any public street and all works, materials, and things appertaining thereto together with so much of the sub-soil appertaining to the water mains and drains as may be necessary for the purpose of enlarging, deepening or otherwise repairing or maintaining any such water mains, drains and pipes and other appliances and fittings connected with water-supply and drainage works belonging to a municipal corporation or municipality and situated within the District, and all other assets movable or immovable connected therewith, but excluding cash and securities, shall vest in the Authority with effect from such date as the Authority may specify by notification: Provided that different dates may be specified for the vesting of different services as aforesaid. (2) With the vesting of the responsibilities for sewerage services of the Municipality of Howrah in the Authority under sub-section (I), all works relating to the sewage disposal scheme for the Municipality of Howrah belonging to the Board of Trustees fox the improvement of Howrah constituted under the Howrah Improvement Act. 1956 together with all assets movable or immovable connected therewith, but excluding cash and securities, shall vest in the Authority. (3) On the taking over by the Authority of the services and responsibilities of collection and disposal of garbage from any municipal corporation or municipality under clause (b) of sub- section (1) of section 10, such services including all plants, machineries, vehicles and other mechanised units and all works, materials and things belonging to such municipal corporation or municipality, and all other assets movable or immovable connected therewith, but excluding cash and securities, shall vest in the Authority. (4) Any dispute arising in connection with the vesting of any property or asset under sub-sections(/), (2) and (3) shall be referred to the State Government whose decision thereon shall be final. Vesting of existing Municipal water- supply, sewerage, drainage and other services. If Wart Ben. An XIV of 111.6. The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. XIII of 1966.] (Chapter V.—Vesting of existing municipal water-supply, sewerage, drainage and certain other services. —Sections 24-26.) 24. (1) The value of all properties and assets vested under and Determina- ainm section 23 shall, after notifying the date time for the purpose value or and allowing an opportunity of being heard to the municipal vested corporation or municipality concerned, be determined by the properties. Authority, and such determination shall be final subject to an appeal which may be preferred within thirty days from the date of such determination tolich judicial officer of the State Government not below the rank of a District Judge and in such manner as may be prescribed. (2) The value so determined under sub-section (1) shall be entered in the books of the Authority as the value on the date of transfer. 25. The debentures issued and other loans incurred with an original maturity of more than one year by the municipal corporations, municipalities and the Board of Trustees for the improvement of Howrah for acquiring or constructing the pro- perties and assets vested in the Authority under this Chapter and remaining unpaid on the date of vesting shall continue to be the liabilities of the respective municipal corporations, muni- cipalities and the Board of Trustees, but the Authority shall pay annually to' each such municipal corporation or municipality or to the Board of Trustees the amount payable by it on account of interest and repayment of surh debentures and other loans.: Provided, however, that with respect to the first of such pay- ment to each municipal corporation or municipality or to the Board of Trustees, the amount payable by the Authority pursuant to this section shall be calculated as from the date of vesting. 26. (1) With the vesting of a service belonging to a municipal corporation or municipality or the sewage disposal scheme of the Board of Trustees for the improvement of Howrah under section 23 all persons who, in the opinion of the. Board, were on the date of such vesting, primarily engaged in the construction or operation of the same shall be deemed to have been transferred to the Authority under terms and conditions of service not inferior to that as existed immediately before such vesting. The decision of the Board as to the designation and duties such persons would have after transfer shall be final: Provided that any dispute as to whether a person was primarily engaged on the date of vesting in the construction or operation of a service shall be referred to the State Government whose decision thereon shall be final. (2) Every person whose service is so transferred under sub-section (1) shall be paid by the municipal corporation, munici- pality, or the Board of Trustees, as the case may be, the full amount on account of provident fund, if any, lying at his credit Authority to contri- bute towards debentures and other loans. Transfer o f personnel of vested services, 14 The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. [West Ben. Act (Chapter V.—Vesting of existing municipal water-supply, sewerage, drainage and certain other services.—Section 27.— Chapter VI.—Revenue, Finance, Accounts, Audit and Budget.—Sections 28-30.) with such municipal corporation or municipality, or the Board of Trustees, on the date of transfer, and he shall have, within two months from the date of receipt of the payment, the option of depositing the amount in his provident fund account with the Authority. The period of service under the municipal corpora- tion, municipality or the Board of Trustees, as the case may be, of each such person shall be taken into account in determining the amount of pension or gratuity, if any, to which he may be entitled. Conse- quential reduction of rates municipal corpora- tions and municipa- lities. 27. On and from the date the Authority takes up the responsibilities for one or more of the services relating to water-supply, sewerage, drainage, collection and disposal of night-soil and collection and disposal of garbage, the municipal corporations and municipalities concerned shall correspondingly reduce'their rates by such percentage as the State Government may in consultation with the municipal corporations and municipalities concerned determine. CHAPTER VI. Fund of • the Authority Source of fund. Borrowing of money. REVENUE, FINANCE, ACCOUNTS, AUDIT AND BUDGET. 28. (1) The Authority shall have its own fund and all receipts of the Authority shall be carried thereto and all pay- tients by the Authority shall be made therefrom. (2) Except as otherwise directed by the State Government. all, moneys belonging to that fund shall be deposited either in the State Bank of India or in such other Scheduled Bank, or invested in such securities, as may be approved by the State Government. 29. The fund required by the Authority may be raised from the following sources, namely :— (a) grant from Government or any other source, (b) loans from Government or any other source, (c) issue of debentures, and (d) taxes, fees and charges levied and collected under this Act. 30. (1) The Authority may, for the purpose of carrying out its functions under this Act, from time to time, raise loans, by the issue of debentures or otherwise, of such sums of money, at such rates of interest, for such period, and upon such terms (as to the time and method of repayment, and the like) as the State Government may sanction. (2) All loans under sub-section (1) shall be guaranteed by the State Government as to repayment of the principal and pay- ment-of interest. The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. XIII of 19661 (Chapter VI.—Revenue, Finance, Accounts, Audit and Budget. —Sections 31-33.) 31. The Authority shall provide for sinking, depreciation, reserve and other funds at such rates and on such terms as it may deem necessary and in accordance with the regulations. 32. The taxes, fees and charges authorised to be imposed under this Act shall be sufficient to enable the Authority to -cover the following :— (i) operating expenses, (ii) maintenance, (iii) taxes payable by the Authority, (iv) depreciation, (v) interest payments, (vi) amounts required for the repayment of long-term (vi) adequae allocation to reserves. extent that such repayments shall exceed the provision for depreciation, and adequae allocation to reserves. 33. (1) In addition to the charges and fees authorised elsewhere in this Act, the Authority may impose any one or more of the following charges and taxes, namely: — (a) a water-charge based on consumption, subject to a minimuni charge, which may be at different rates for water supplied for different purposes, such as domestic, industrial and other purposes; ( b) a surcharge on water-charge for sewerage; (c) a graduated tax, which may be at rates different for different areas, on the annual valuation of all lands and buildings within the District and which shall not exceed— (0 5 per cent. on the annual valuation—where the annual valuation does not exceed one thousand rupees; (ii) 74 per cent. on the annual valuation— where the annual valuation exceeds one thousand rupees, but does not exceed five thousand rupees; (iii) 10 per cent. on the annual valuation—where the annual valuation exceeds five thousand rupees but does not exceed ten thousand rupees; (iv) 15 per cent. on the annual valuation—where the annual valuation exceeds ten thousand rupees; (d) a further tax not exceeding 5 per cent. on the annual valuation of all lands and buildings in any area in respect of which the Authority takes over the res- ponsibilities of collection and disposal of garbage under clause (b) of sub-section (1) of section 10. 16 Sinking and other funds. Basis for fixation of taxes, fees and charges. Imposition of taxes, fees and charges. 16 The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. [West Ben. Act (Chapter VI.—Revenue, Finance, Accounts, Audit and Budget. —Sections 34-36.) (2) The rates of water-charge, surcharge and tax referred to in sub-section (1) shall be fixed annually and shall be notified to the public in such manner as may be provided by regulations. 34. (1) For the purpose of assessment of tax under clauses (c) and (d) of sub-seotion (1) of section 33, the annual value shall be,— (a) in respect of any land or building lying within the jurisdiction of a municipal corporation or munici- pality, the annual value as assessed by or for such corporation or municipality and prevailing for the time being, and (b) in respect of any other land or building, the gross annual rent at which the land or building might at the time of assessment be reasonably expected to let from year to year, less, in the case of a building, an allowance of ten per cent. for the cost of repairs and for all other expenses necessary to maintain the building in a state to command such gross rent. (2) If the gross annual rent under clause (b) of sub-section , (1) of any land or building not ordinarily let cannot be easily estimated, then— (i) in the case of such land, the gross annual rent shall be deemed to be five per cent. of the estimated present value of such land, and (ii) in the case of such building, the gross annual rent shall be deemed to be five per cent. of the value of the building obtained by adding the estimated cost of erecting the building at the time of assess- ment less a reasonable amount to be deducted on account of depreciation, if any, to the estimated present market value of the land with the building as part of the same premises. .Determi- nation of annual value of any land or building not within a munici- pal area. Local and public authorities to pay for apply of water. 35. The annual value under clause (b) of sub-section (I) of section 34 shall be determined by the General Manager or such other officer or officers authorised by him in this behalf, in such manner as may be prescribed. Such determination of annual value shall be final subject to appeal as hereinafter provided. 36. All street hydrants including fire hydrants, if any, within the jurisdiction of any local or public authority and salt places of public resort under the control of such local or public authority shall be supplied with water, charges for which shall be payable by the local or public authority, as the case may be. Such charges shall be determined in the manner laid down in section 37. Amount of tax, how to be Axed, • The Calcutta • Metropolitan Water and Sanitation Authority r7 Act, 1966. XIII of 1966.] (Chapter VI.—Revenue, Finance, Accounts, Audit and Budget. —Sections 37, 38.) 37. (I) For calculating the amount payable by the owner C21c,olatiou of any premises for consumption of water, the Authority ffiay 24aLIT determine the quantity consumed on the basis of readings supply. recorded by a meter attached to the premises. (2) Until meters can be attached to any premises, the Authority may, in such manner as may be provided by regula- tions, determine the average consumption of water on the basis of the pressure of water supply, the number and size of water- taps and the size of ferrules, if any, used in the premises, and may determine the amount payable on the basis of such average consumption. (3) For calculating the amount payable by a local or public authority for consumption of water— . (0 in any place of public resort, the quantity of water consumed may be determined in the manner specified in sub-sections (1) and (2), and (ii) through street hydrants and fire hydrants within its jurisdiction, the quantity of water consumed may, in such manner as may be provided by regulations, be determined by the Authority on the basis of the number of such hydrants, the pressure of water- supply and the diameter and size of pipes and fittings connecting the hydrants with the mains of the Authority. (4) Meters shall be installed and owned by the Authority and cost thereof shall be paid out of the fund of the Authority: Provided, however, that the Authority may realise for the meters such charge as it may from time to time specify by regulations. Explanation.—In this section the expression "owner" *includes an occupier where the premises or any part of it is in the occupation of such occupier and a separate water-supply connection stands in his name. 38. If the owner of any premises having independent Charge for source of water-supply is allowed by the Authority to take, sewerage sewerage service, he shall be liable to pay for such service such senriv irte amount as would be-payable as surcharge calculated on the a°6,,i„i„, basis of water consumed from his independent source, the same eases. being deemed to be water supplied by the Authority. The quantity of water so consumed shall be determined by the Authority by affixing meters for such periods and at such places as it may deem proper: The Calcutta Metropolitan Water and Sanitation Authority Act, 1966. [West Bengal Aat (Chapter VI.—Revenue, Finance, Accounts, Audit and Budget. —Sections 39-41.) Provided that no such amount shall be payable by the owner of any premises, solely used for residential purposes, having not more than one tube-well of diameter not exceeding four centimetres as independent source of water-supply. Preaump- 39. The readings of meters indicating the quantity of a l to to consumption of water shall be presumed to be correct unless the correct- ewe of contrary is proved. meters. Requisition 40. (1) Subject to the previous approval of the State of services author[ Government, the Authority may require a local authority to authorities perform specified functions on behalf of the Authority in connec- tor certain lion with the collection of taxes, charges, surcharges or fees purposes. imposed under this Act. (2) The manner in which such functions shall be performed, the procedure to be followed in connection therewith, the manner by which the local authority shall account to the Authority, the time and manner of payment to the Authority of the amounts collected, and the provision of credits or allowances, if any, to the local authority to cover its administrative costs shall be such as may be prescribed. (3) For the purpose of facilitating and enforcing collections by the local authority under this section, the Authority or the General Manager, as the case may be, may delegate to the local authority or any of its officers all or any of the powers granted in this behalf in this Act or in the regulations to the Authority er the General Manager, and in such event the relevant provi- sions of this Act or the regulations shall apply mutatis mutandis to the local authority and its officers. 41. (1) The Authority shall be regulations specify the time, place and manner of payment of the taxes, fees, charges and surcharges payable under this Act. (2), Interest at 6 percent. per annum shall be payable on all taxes, fees, charges and surcharges remaining unpaid after due dates. (3) The taxes, fees, charges and surcharges due from any person in respect of any premises on account of supply of water and other sqrvices rendered by the Authority together with interest, if any, payable thereon shall, subject to the prior pay- ments of land-revenue, if any, due to the Government thereon and of municip
Excerpt shown. Open the full act in Lexace.