The Guwahati Metropolitan Drinking Water and Sewerage Board Act, 2009
###### Registered No. 768/97

# THE ASSAM GAZETTE

### EXTRAORDINARY

## w  w r ■

#### PUBLISHED BY THE AUTHORITY

###### 81 28 2009, 9 W3^T, 1930 (’TF)

 No. 81 Dispur, Saturday, 28th February, 2009, 9th Phalguna, 1930 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT :: LEGISLATIVE BR ANCH

 NOTIFICATION

 The 27th February, 2009

 No.LGL.102/2008/95 The following Act of the Assam Legislative Assembly which
 received the assent of the Governor is hereby published for general information.

 ASSAM ACT NO. X OF 2009

 (Received the assent of Governor on 19th February 2009)

 THE GUWAHATI METROPOLITAN DRINKING WATER AND

 SEWERAGE BOARD ACT, 2009


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###### 392 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009

Z ' AN

###### ACT

to provide for provisions of continuous and uninterrupted, hygienic, piped

Preamble

drinking water, and to promote hygienic environment for public by removing

and tr eating waste water and sewerage in the Guwahati Metropolitan Area.

Whereas it is. expedient to provide for the establishment of The Guwahati

**Metropolitan Drinking Water and Sewerage Board for the execution of the**

projects, development and maintenance of Drinking Water and Sewerage

Schemes, and for constitution of Guwahati Water Regulatory Authority for

consumer protection, regulation of tariff of water supply and sewerage in the

Guwahati Metropolitan Area;

It is hereby enacted in the Sixtieth Year of the Republic of India as follows:-

**CHAPTER- I**

**Preliminary**

Short title, extent **1.** (1) This Act may be called the Guwahati Metropolitan Drinking Water and

and

Sewerage Board Act, 2009.

commencement

**(2)** It extends to the whole of the Guwahati Metropolitan area.

(3) It shall come into force on such date as the Government may, by notification,

appoint

**2.** (1) In this Act, unless the context otherwise requires,-

Definitions

(a) “Board” means the Guwahati Metropolitan Drinking Water and

Sewerage Board constituted under section 3 of this Act;

(b) **“Board of Directors”** means the Board of Directors

constituted under section 3 (4) of this Act;

(c) **"Central Ground Water Board"** means the Central Ground

Central

Water Board constituted under Section 3(3) of the Environment Act No. 29

of 1986

(Protection) Act, 1986;

(d) “charges" includes any rates, tariff, duty, cess, deposits, rentals,

surcharge, development charges or any other charges levied by the

Board under this Act;


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###### (e) "Government" means the State Government of Assam in the

 Guwahati Development Department;

Assam Act

###### (f) "Guwahati Metropolitan area" means the Area covered under

No. XX of

###### the Guwahati Metropolitan Development Authority Act, 1985, as 1985

 amended from time to time;

 (g) "internal pipe" means the pipe which is laid within the

 premises of the consumer to deliver water to consumption points;

 (h) “Licensed Plumber" means a plumber who has been

 temporarily permitted to operate as licensed plumber in any area of

 the Board or by any erstwhile body substituted by the Board and

 will include a licensed plumber who will be licensed by the Board

 in accordance with the regulations made in this regard;

 (i) “local authority" means Guwahati Municipal Corporation and

Assam Act

###### Guwahati Metropolitan Development Authority constituted under No. 1 of 1973

 the Guwahati Municipal Corporation Act, 1969, Guwahati

 Metropolitan Development Authority Act, 1985 respectively and Assam Act

No. XX of

###### any other Authority, Board etc. constituted by the State 1985
 Government;

 (j) "mains” means a pipe laid 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;

 (k) “Managing Director” means the Managing Director appointed

 under section 9 of this Act;

 (l) “Municipal Corporation" means the Guwahati Municipal

Assam Act

###### Corporation established under Section 3 of the Guwahati Municipal No 1 of 1973

 Corporation Act, 1969 and includes any successor body or bodies

 thereto;

 (m) “occupier” means,- (i) any person who for the time being is

 paying or is liable to pay to the owner, the rent or any portion of the

 rent of the land or building in respect of which such rent is paid or

 is payable;

 (ii) an owner in occupation of, or otherwise using the land or

 building;

 (iii) a rent free tenant of any land or building;

 (iv) a licensee in occupation of any land or building;

 (v) any person who is liable to pay to the owner damages for the

 use and occupation of the land or building;


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###### (n) “owner” inc’ a mortgagee in possession, a person who for

 the time being .ceiving or is entitled to receive, or has received,

 the rent or aium for any land whether on his account or on

 account' . on behalf of, or for the benefit of, any other person or

 as an b [ trustee, guardian or receiver for any other person or for ]

 ar .gious or charitable institution or who would so receive rent

 premium or be entitled to receive the rent or premium if the land

 were let out to a tenant; and also includes the Head of a Department

 or an undertaking of the Central or a State Government, the

 General Manager of the Railways, the Secretary or other principal

 officer of a local authority, statutory authority or company in

 respect of properties under their respective control;

 (o) “Regulations” means the Regulations made by the Board under

 this Act;

 (p) “Regulatory Authority” means the Guwahati Water

 Regulatory Authority constituted under section 20 of this Act;

 (q) “Rules” means the Rules made by the State Government under

 this Act;

 (r) "Service pipe" means so much of any pipe for supplying water

 from a main to any premises up to the meter installed in the said

 premises;

 (s) "sewer" means a closed conduit for carrying off sewage,

 sullage, rain water, polluted water, waste water or sub-soil water;

 (t) "shed" means a slight or temporary structure for shade or

 shelter;

 (u) "State" means the State of Assam;

 (v) "supply pipe" means so much of any service pipe as is not a

 communication pipe;

 (w) “trade premises" means any premises used or intended to be

 used for carrying on any trade, industry or for any commercial

 purposes;

 (x) “trade refuse" means the refuse of any trade or industry;

 (xa) "trunk main" means a main constructed for the purpose of

 conveying water from a source of supply to a filter or reservoir or from

 one filter or reservoir to another filter or reservoir, or for the purpose of

 conveying water in bulk from the part of the limits of supply to another

 part of those limits, or for the purpose of giving or taking a supply of


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(xb) **"Water fittings"** includes pipes (other than mains), taps, cocks,

valves, ferrules, meters, cisterns, baths and other similar apparatus used

in connection with the supply and use of water.

(2) All words and expressions used in this Act and not defined, but defined in the

Assam Act

Guwahati Municipal Corporation Act, 1969, and the Guwahati Metropolitan Nol of 1973

Development Authority Act, 1985 and other related Acts shall have the meanings Assam Act

No XX of

respectively assigned to them in those Acts. 1985

**CHAPTER-II**

**Establishment of the Board**

**3.** (1) The Government shall, as soon as may be after the commencement of

Constitution and
composition of the this Act. by notification, constitute a Board by the name of “The Guwahati

Guwahati Metropolitan
Drinking Water and **Metropolitan Drinking Water and Sewerage Board”** for the proper and
Sewerage Board

effective operation, implementation, maintenance, augmentation and expansion of

the water supply and sewerage services in the Guwahati Metropolitan Area.

(2) The Board shall be a body corporate having perpetual succession and a

common seal, with power, subject to the provisions of this Act and the rules made

there under, to acquire, hold and dispose of property, and enter into contracts, and

shall by the said name sue and be sued.

(3) For the purposes of this Act and the Land Acquisition Act, 1894, the Board Central Act

1 of 1894

shall be deemed to be a local authority.

(4) (a) The Board shall consist of the following members:-

**(i)** The Minister in-charge of the Guwahati Development

Department shall be the Chairman;

**(ii)** The Mayor, Guwahati Municipal Corporation shall be

the Vice Chairman;

**(iii)** Secretary to the Government of Assam, Finance

Department, shall be the Ex-officio Director;

**(iv)** Secretary to the Government of Assam, Guwahati

Development Department, shall be the Ex-officio

Director;

**(v)** Secretary to the Government of Assam, Public Health

Engineering Department, shall be the Ex-officio

Director;

**(vi)** Commissioner, Guwahati Municipal Corporation, shall

be the Ex-officio Director;

**(vii)** Chief Executive Officer, Guwahati Metropolitan

Development Authority, shall be the Ex-officio

Director;


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###### 396 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009

(viii) Managing Director, Guwahati Metropolitan Drinking

Water and Sewerage Board, shall be the Ex-officio

Director of the Board.

(b) No act done by the Board shall be called in question on the ground

only of the existence of any vacancy or any defect in the constitution

of the Board.

(c) In absence of the Chairman, the Vice Chairman shall carry out the

duties and responsibilities of the Chairman. In the absence of both,

the Chairman or the Vice Chairman can depute in writing any one of

the Directors to carry out the functions of the Chairman during the

period of such absence.

4. (1) If the Board has entered into or is considering entering into any contract or
Non-participation of
a member if he agreement with any firm or company in which a member holds any share or

holds interest in
any firm, etc. interest, he shall disclose the fact and nature of such interest and he shall not be

entitled to participate in any decision of the Board relating to such contract or

agreement.

(2) Every disclosure referred to in sub-section (1) shall forthwith be recorded in

the minutes and communicated to the Government, and the Government may

thereupon give such direction as it may deem proper.

Disqualifications of 5. (1) No person shall be a Director of the Board who, -
Director other than
the Managing (a) is, or at any time has been adjudged insolvent or has
Director

suspended payment of his debts or has compounded with his

creditors, or

(b) is, of unsound mind and stands so declared by a

competent Court, or

(c) is, or has been convicted of an offence which, in the

opinion of the Government involves moral turpitude, or

(d) is, or at any time has been convicted of an offence

under this Act, or

(e) has directly or indirectly by himself or any partner, any

share or interest in any firm or company carrying on the

business of manufacture, sale or hire of machinery, plant,

equipment, apparatus or fittings for the treatment of water or

sewage or trade effluents, or

(f) has so abused in the opinion of the State Government

his position as a Director, as to render his continuance on the

Board detrimental to the interest of the general public.

(2) No order of removal shall be made by the State Government under this section

unless the Director concerned has been given a reasonable opportunity of showing


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###### THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28. 2009 397

(3) Notwithstanding anything contained in section 3(4) (a), a Director who has

been removed under this section shall not be eligible for his re-nomination as a

Director

6. If a Director of the Board becomes subject to any of the disqualifications

Vacation of seats by
Directors specified in section 5, his seat shall become vacant and shall remain so till the next

incumbent joins in the substantive post.

7. All orders and decisions of the Board shall be authenticated by the signature

Authentication of
orders and other of the Secretary or any other Director authorized by the Board in this behalf and all
instruments of the
Board other instruments issued by the Board shall be authenticated by the signature of

such Officer of the Board as may be authorized by the Board in this behalf.

8. (1) The Board shall hold ordinary meetings at such intervals as may be

Meetings of the
Board provided in the regulations and a meeting may be convened by the Chairman at

any other time for the transaction of urgent business.

(2) The number of Directors necessary to constitute a quorum at a meeting and the

procedure to be followed .shall be such as may be provided in the regulations.

9. (1) State Government shall appoint a Managing Director in charge of the

Appointment

operations and maintenance on such terms and conditions as may be prescribed.

of staff

(2) The Board may appoint a Standing Counsel to assist advice and defend the

Board in all causes involving the Board.

(3) The Board shall appoint a Secretary to assist the Chairman/Vice Chairman

and other Directors of the Board.

(4) The Board shall upon such terms and conditions as may be prescribed by the

regulations, appoint a Chief Technical Officer for Water Supply, a Chief Technical

Officer for Sewerage, a Chief Accounts Officer for Finance and Budget and such

other officers and employees as may be required to enable the Board for carrying

out the functions under this Act.

(5) The Board shall engage qualified persons to be act as consultants to the Board

and pay them such remuneration as it may think deem proper.

(6) All posts in the Board shall be created with prior concurrence of Finance

Department, Government of Assam.

10. (1) The Board shall be responsible for the effective and complete

Powers
and implementation of the objects of this Act and shall in this direction exercise all
Functions such powers within the parameters envisaged under this Act.
of the
Board

(2) It shall be the duty of the Board to provide for,-

(i) the supply of potable water as per CPHEEO standard, including


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###### 398 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009

(ii) sewerage, sewage disposal and sewage treatment works including

planning, design, construction, maintenance, operation and management of

all sewerage and sewage treatment works in the Guwahati Metropolitan

area;

(iii) plan for, regulate and manage the exploitation of ground water in

Guwahati in consultation with Central Ground Water Authority and also

give advice in this regard to the Guwahati Municipal Corporation, the Army

Cantonment Area or any other local authority, with the prior approval of the

State Government;

(i v) promote measures for conservation, recycling and reuse of water;

(v) if so directed by the Government, take over and carry out any functions

relating to the management and regulation of sewerage and ground water of

any area, hitherto being carried out by any Government departments, local

authorities or agencies;

(vi) collect, treat and dispose-of sewage from any part of Guwahati and

carry out works connected with sewerage, sewage treatment and sewage

disposal including the planning, design, construction, operation and

maintenance of works relating thereto; Provided that, unless otherwise

directed by the State Government, the Board shall collect sewage only in

bulk from the areas falling within the jurisdiction of Guwahati Cantonment

area, Military Engineering Services;

(vii) take up or promote any other measures necessary for or ancillary to the

functions of the Board laid down under this Act, including negotiations with

other Boards or similar authorities, or the Central or any State Government,

and entering into agreement with them, or the formulation and

implementation of schemes, or research and development works with the

approval of the State Government;

(viii) the Board may with the prior approval of the State Government,

entrust any of the tasks and functions referred to in this section to a local

authority, limited company, registered society, research institute or

government undertaking, including provision for private investment in any

works thereof including ownership of the facility for operation and

maintenance, on such terms and conditions as may be approved by the

Board;

(ix) make provision for unfiltered water supply;

(x) notwithstanding anything contained in this Act, the Board shall exercise

all such powers as may be necessary for complete and effective

i mplementation of this Act;

(xi) the Board shall evaluate the performance of all the employees including

the Managing Director appointed under section 9 of this Act and submit a

report to the State Government.


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**11.** The Board may by order direct that any power conferred or duty imposed on it

Power of the Board to
delegate its power to under this Act shall in such circumstances and under such conditions, if any, as
an officer of the

Board may be specified in the order, be exercised and performed also by any officer of

the Board, as specified in the order.

**12.** For carrying on its operations under this Act the Board shall levy rates, fees,

General Principles
charges as water and sewerage tariffs and may vary tariffs from time to time as
of Board's Finances

may be approved by Regulatory Authority in order to provide sufficient revenues,-

(a) to cover operating expenses, including costs of electricity,

chemicals etc. taxes and interest payments and to provide for

adequate maintenance and depreciation;

(b) to meet repayments of Ioans and other borrowings, if any;

(c) to finance normal year to year improvements;

(d) to provide for further capital works as are necessary from time to

time; and

(e) to provide for the salaries, allowances and remuneration of the

staff and all other administrative and personnel expenditure

of the Board;

(f) to provide for the cost of such other purposes beneficial for the

extension of water supply and construction of sewerage and

sewage treatment works in the Guwahati Metropolitan area

as the Board may determine from time to time.

**13.** (1) In February of each year, the Board shall submit to the Government
Annual Plan

the estimated capital and revenue receipts and expenditure, proposed revision of

tariff, if any, for the ensuing year.

(2) The said statement shall include a statement of the salaries and allowances of

Directors, officers and employees of the Board and such other items of expenditure

and particulars as may be prescribed by Regulations.

(3) The Board may, at any time during the year in respect of which a statement

under subsection (1) has been submitted, submit to the Government a

supplementary statement and all the provisions of this section shall apply to such

statement as they apply to the statement under the said sub-section.

**14. (1) The Government may make grants to the Board for the purpose of carrying**

Grants and
loans to the out the objects of this Act on such terms and conditions as the Government may
Board

determine.

(2) The Government may, from time to time, advance loans to the Board for the

purposes of this Act on such terms and conditions as the Government may


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###### 400 THE ASSAM GAZETTE, EXTRAORDINARY. FEBRUARY 28, 2009

15. (1) The Board may, from time to time, and on such terms and conditions with

Powers of the Board
to borrow the previous sanction of the Government, subject to the provisions of this Act,

borrow any sum required for the purposes of this Act,

(2) The amount which the Board may at any time raise as loan under sub-section (1) shall

be fixed by the Government by notification issued in this regard.

16. The Government may guarante in such manner as they think fit the payment of

Guarante of
Loans the principal or interest or both of any loan proposed to be raised by the Board

under section 15 of the Act.

17. (1) The Board shall create a depreciation reserve and shall at the end of every

Depreciation
Reserve year, credit to such reserve from its revenues a percentage of the original cost of

the assets as specified in the Regulations to be framed under this Act.

(2) The amount to be credited each year to the depreciation reserve under sub­

section (1) shall consist of the incremental deposit in the reserve:

Provided that the contribution in respect of any asset to the depreciation

reserve under this section shall cease at the end of such period as may be

prescribed by regulations or when the assets cease to be in use, whichever is

earlier.

18. The Board shall create a reserve for improvement works and shall, at the

Improvements

end of every year, credit to such reserve from its revenues, such percentage of the

Reserve

balance remaining after meeting its operating, maintenance and management

expenses and after adequate provision is made for depreciation, taxes, interest and

amortization payments on loans and other borrowings as the Board may determine

taking into consideration the improvement works which the Board will have to

execute in order to provide adequate water supply and sewage treatment works in

the Guwahati Metropolitan area.

19. (1) The Board shall cause proper accounts and other records in relation thereto

Accounts, Audit and
Annual Report to be kept and maintained, including the proper system of internal check and

prepare an annual statement of accounts, including the income and expenditure

account and the balance sheet in such form as may be prescribed by regulations.

(2) The Accounts of the Board shall be audited by the Accountant General, Assam.

(3) The accounts of the Board may also be audited by such person as may be

appointed by the Government and any expenditure incurred in connection with

such audit shall be payable by the Board to the Government.

(4) The accounts of the Board as certified by the person so appointed under sub

section - (3)or any other person authorized by him in this behalf, together with the

audit report thereon shall be forwarded annually to the Government and the

Government may issue such instructions to the Board in respect thereof as they


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###### THE ASSAM GAZETTE. EXTRAORDINARY. FEBRUARY 28, 2009

_.............■_ _'_

###### <

(5) The Government shall cause the accounts of the Board to be published in the

manner prescribed by regulations and make available copies thereof on sale at a

reasonable price fixed

(6) The Board shall prepare once every year, in such form and at such time as may

be prescribed, an annual report giving a summary of its activities during the

previous year and copies of it shall be forwarded to the State Government for the

purpose of laying it before the State Legislature.

###### CHAPTER III

**Guwahati Water Regulatory Authority**

**20.** (1) The State Government shall, by notification published in the Official

Constitution of
the Guwahati Gazette, constitute a Guwahati Water Regulatory Authority to exercise the powers
Water Regulatory «
Authority conferred on, and discharge the functions assigned to it, under this Act from time

to time.

(2) The Regulatory Authority shall consist of the following members:-
i

(a) Chairman;

(b) Member (Technical);

(c) Representative of Consumers as Member.

**21.** (1) The term of office of the members appointed and / or nominated by the

Term of Office

State Government shall be for a period of three years unless extended by the

Government by notification published in the Official Gazette.

(2) The Members of the Regulatory Authority shall be entitled to receive from the

funds of the Regulatory Authority such allowances as may be prescribed by the

rules framed by the State Government in this behalf.

**22. (1 )No person shall be a member of the Regulatory Authority who, -**

Disqualifications of
members

(a) is, or at any time has been adjudged insolvent or has

suspended payment of his debts or has compounded with his

creditors, or

(b) is, of unsound mind and stands so declared by a competent

Court, or

(c) is, or has been convicted of an offence which, in the opinion

of the Government involves moral turpitude, or

(d) is, or at any time has been convicted of an offence under this

Act, or


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###### Ql _  " ''
 402 THE ASSAM GAZETTE, EXTRAORDINARY. FEBRUARY 28, 2009

(e) has directly or indirectly by himself or any partner, any

share or interest in any firm or company carrying on the

business of manufacture, purchage, lease, exchange sale or

hire of machinery, plant, equipment, apparatus or fittings for

the treatment of water or sewage or trade effluents, or

(f) has so abused in the opinion of the State Government his

position as a member, as to render his continuance as

member of the Regulatory Authority detrimental to the

interest of the general public.

(2) No order of removal shall be made by the State Government under this section

unless the member concerned has been given a reasonable opportunity of showing

cause against the same.

(3) A member who has been removed under this section shall not be eligible for

his re-nomination as a member.

23.(i) The Regulatory Authority shall, with or without modifications,

Functions of the approve the tariff proposals submitted to it by the Board and the tariff

Regulatory
Anthnritv shall be notified and given effect to by the Board only upon approval

of the Regulatory Authority.

(ii) The Regulatory Authority shall, from time to time, scrutinize the

quality of water supplied by the Board and give rectifying instructions

to the Board if it is not up to the drinking water standards set under the

Rules to be framed under this Act.

**(iii)** The Regulatory Authority shall, from time to time, scrutinize

metering by the Board and give rectifying instructions to the Board, if

there are some errors, mistakes, and inappropriate operations.

**(iv)** The Regulatory Authority shall look into and adjudicate upon

complaints received from the public against the Board in respect of

supply of water, sewerage and matters related thereto and the decision

rendered by the Regulatory Authority shall be binding and

I enforceable.

**24.** (1) The Regulatory Authority may, with the approval of the Government,

Appointment
of Staff appoint such employee or employees as may be deemed necessary for the

purposes of carrying out the functions of the Authority under this Act.

(2) All posts in the Regulatory Authority shall be created with prior concurrence of

the Finance Department, Government of Assam.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009 403

(3) The Regulatory Authority may also appoint experts and consultants on such

terms and conditions as may be deemed fit and proper by the Regulatory Authority

to carry out the functions of this Act.

25. The State Government may, after due appropriation made by the Legislature

Grants by the
State in this behalf, make to the Regulatory Authority grants of such sums of money
Government as the State Government may consider necessary.
to the
Authority

26. (1) There shall be constituted a Fund called the Water Regulatory Fund and

Establishment
o f Fund by the there shall be credited thereto,-
State
Government (a) any grants made to the Regulatory Authority by the

State Government under section 25 of the Act;

(b) all fees received by the Regulatory Authority under this

Act;

(c) all sums received by the Regulatory Authority as water

regulatory fee as part of the water tariff charged to be defined in

the Rules to be framed in this behalf;

(d) all sums received by the Regulatory Authority from

such other sources as may be decided upon by the State

Government.

(2) The Fund shall be applied for meeting,-

(a) the salary, allowances and other remuneration of the

Chairman, Members and other office bearers of the Regulatory

Authority;

(b) the expense of the Regulatory Authority in discharge of its

functions;

(c) the expenses on objects and purposes authorized by this

Act.

27. The Regulatory Authority shall prepare once every year in such form and at

Annual Report o f
the Regulatory such time as may be prescribed, an annual report giving a summary of its activities
Authority

during the previous year and copies of it shall be forwarded to the State

Government for the purpose of laying it before the State Legislature.

28. The Regulatory Authority shall prepare in such form and at such time in each

Budget o f the
Regulatory financial year as may be prescribed, its budget for the next financial year, showing
Authority

the estimated receipts and expenditure of the Regulatory Authority and forward the

same to the State Government.

29. In the discharge of its functions, the Regulatory Authority shall be guided by

Directions by
the State such directions of the State Government in matters of policy involving public
Government

interest as the State Government may give to the Regulatory Authority in writing.


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###### 404 THE 4 GAZETTE, EXTRAORDINARY FEBRUARY 28. 2009

**CHAPTER IV**

**Managing Director of the Board**

30. The Managing Director appointed by the State Government under section 9

Powers and
Functions of shall do the following:-
the Managing
Director

(i) appoint all such employees other than those mentioned in

section 9 of this Act to carry out the functions of the Act with

the prior approval of the Board;

(ii) prepare the budget for the purpose of operation,

maintenance, supply of potable water and for any other purposes

as may be directed by the Board and submit the same to the

Board for approval;

(iii) cause maintenance of proper accounts of all the functions

and activities carried out or caused to be carried out under this

Act and for the purposes of this Act;

(iv) submit regular statement of accounts to the Board in such

form and in such manner and at such intervals as may be

prescribed in this regard by the Regulations;

(v) shall be responsible and accountable for complete

performance of all the duties and obligations envisaged by and

under this Act;

(vi) carry out any other duties, functions or responsibilities as

may be assigned to him by the Board of Directors.

31. (1) No person shall be appointed as a Managing Director of the Board

Disqualification
and removal of who,-
the Managing
Director (a) is, or at any time has been adjudged insolvent or has

suspended payment of his debts or has compounded with his

creditors, or

(b) is, of unsound mind and stands so declared by a competent

Court, or

(c) is, or has been convicted of an offence which, in the opinion

of the Government involves moral turpitude, or

(d) is, or at any time has been convicted of an offence under this

Act, or


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###### THE ASSAM GAZETTE, EXTRAORDINARY FEBRUARY 28,2009 405

(e) has, directly or indirectly by himself or any partner, any

share or interest in any firm or company carrying on the

business of manufacture, sale or hire of machinery, plant,

equipment, apparatus or fittings for the treatment of water or

sewage or trade effluents, or

(f) is, a Director, or a Secretary, Manager or other salaried

officer or employee of any Company or firm having contract

with the Board, or the Government or with a local

Authority or with a Company or Corporation owned,

controlled or managed by the Government for carrying out

water supply and sewerage Schemes or for the installation

of plants for the treatment of water, sewage or trade

effluents, or

. ft 3v,-. ‘rflo Vt)S

(g) has, so abused in the opinion of the State Government his

position as a Managing Director, as to render his

continuance on the Board detrimental to the interest of the

general public, or

(h) under- performance by the Managing Director determined

upon evaluation made by the Board under section 10 (xi)

and upon approval of the same by the Government, is liable

for removal from the post of the Managing Director.

(2) No order of removal shall be made by the Board under this section

unless, the Managing Director concerned has been given a reasonable

opportunity of showing cause against the same.

(3) A person who has been removed from the post of the Managing

Director under this section shall not be eligible for re-appointment as the

Managing Director.

###### CHAPTER V

 Water Supply by the Board

32. On and from the date of coming into force of this Act, all public reservoirs,

Vesting of
works on the tanks, cisterns, fountains, wells, and bore wells, pumps, pipes, taps, conduits and
Board

other works connected with the supply of water to the Guwahati Metropolitan area,

including the head work, reservoirs and all bridges, buildings, machinery, works

materials and other things connected therewith and all land (not being private

property)) adjacent and appertaining to the same, shall vest in the Board and be

subject to its control.

33. (1) The Board shall construct, lay, or erect filtration plants, reservoirs,

Construction of machinery, conduits, pipes, or other works for supplying the Guwahati
water works

Metropolitan Area with water and may provide tanks, reservoirs, machinery,

mains, fountains and other conveniences within the Guwahati Metropolitan area

for the use of the inhabitants.


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###### 406 THE ASSAM GAZETTE, EXTRAORDINARY FEBRUARY 28, 2009

(2) The Board may cause existing water works to be maintained and supplied with

water or it may close any such works and substitute other such works and may

cause them to be maintained and supplied with water.

34. No person shall, except with the permission duly obtained from the Board or

Trespass on
water supply the Managing Director or any officer authorized by him in this behalf, enter on
premises

land vested in the Board or on any premises connected with the water supply.

35, (1) Without the permission of the Board, no building, wall or other structure

Prohibition of
building over shall be newly erected and no street shall be laid over any water main belonging to
water mains

the Board.

(2) If any building, wall or other structure be so erected or any street be so laid,

any other officer authorised by the Board in this behalf may cause the same to be

removed or otherwise dealt with as he deems fit and the expenses thereby incurred

shall be paid by the persons contravening the provisions of this Act.

36. All house connections, whether within or without the premises to which they

Control over
house belong, with the water supply mains shall be under the control of the Board, but
connections

shall be altered, repaired, and kept in proper order at the expense of the owner/

occupier of the premises to which they belong, in conformity with the rules made

in that behalf.

37. Notwithstanding anything contained in this Act or any law, contract or other

Payment to be
made for water instrument, for the water supplied under this Act, payment shall be made to the
supplied Board at such rates as may be approved by the Water Regulatory Authority, at

such times and under such conditions as may be prescribed by the regulations and

different rates may be prescribed for supply of water for different purposes and for

different quantities.

38. The Board may, on application by the owner or occupier of any building

Water supply
for domestic arrange, in accordance with the rules, to supply water thereto for domestic
consumption

consumption and use.

Supply of Water for 39. The supply of water for domestic purposes under this Act shall not be deemed
domestic purpose not to

to include any supply for commercial or industrial purpose and in particular any

include any supply for
certain specified purposes supply,- v

(a) for any trade, manufacture or business;

(b) for gardens or for purposes of irrigation;

(c) for building purposes;

(d) for fountains, swimming baths, public baths or tanks or for any

ornamental or mechanical purposes;

(e) for animals, where they are kept for sale or hire or for the sale of

their produce or any preparation there from;


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###### THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009_______ 407

(f) for the consumption and use by the inmates, in hotels,

commercial boarding houses and clubs;

(g) for the consumption and use by the persons resorting to theaters

and cinemas;

(h) for construction or for watering streets; or

(i) for washing vehicles where they are kept for sale or hire but

shall be deemed to include a supply for flushing latrines and

drains and for all baths other than swimming baths or public

baths.

Water supplied for **40.** No person shall use or allow to be used for other than domestic purposes
domestic purposes not
to be used for non­ Water supplied for domestic purposes.
domestic purposes

Power to supply water **41.** (1) The Board may supply water, for any purpose other than a domestic

                                                  -

for non-domestic

purpose, on such terms and conditions consistent with this Act and the regulations

purposes

made there under on receiving a written application specifying the purpose for

which such supply is required and the quantity likely to be consumed.

(2) On the sanction of the application under sub-section (1), the Board may,

subject to such charges and rates as may be fixed by the regulations, lay or allow

to be laid -the necessary pipes and water fittings of such dimensions and

descriptions as may be prescribed by the regulations and may arrange for the

supply of water through such pipes and fittings.

**42.** The Board may, by agreement, supply water in bulk to the Government

Supply of water in bulk
to the Government, including the Central Government, Central Government Authorities or any other
Corporation and other
local authorities local Authority or any other public or private undertaking on such terms as to

payment and as to the period and the conditions of supply as may be agreed upon

between the Board and such person.

**43.** The Board may provide free of charges gratuitous supply of wholesome water

Public water
supply to the public within the city of Guwahati and may, for that purpose, erect public

stand posts or other conveniences.

**44.** (1) The Board may lay water mains, sewers, or service pipes of any type in

Power to lay
mains any street or, with the consent of the owner and occupier of land not forming part

of the street, in over or on any such land and may from time to time inspect, repair,

alter or renew such main, pipe, sewer wherever situated:

Provided that where a consent required for the purpose of this sub-section

is withheld, the Board may after giving the owner or occupier a written notice of

its intention to do so, lay the main pipe or sewer in, over or on that land even

without such consent.


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###### 408 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28. 2009.

(2) Where the Board, in exercise of its powers under this section, lays or inspects

repairs, alters or renews a water main, service pipe or sewer, it shall pay

compensation to every person interested in such land for any damage or injury

done to such land by reasons thereof.

(3) The compensation payable under sub-section (2) shall be such as may be fixed

by the Board in accordance with such procedure as may be prescribed and after

considering any claims made by any person interested in such land.

Power to require water 45. (1) After approving the connection to every consumer, the Board shall
supply to be taken and to
require maintenance of hire a licensed plumber to lay a service pipe and meter from the main to the
service pipe

premises. The cost of such work may be charged separately in addition to the

regular tariff in terms and conditions specified in the Regulations to be framed

under this Act:

Provided that the Board may in its discretion permit a consumer to hire on

his own a licensed plumber to carry out the work of service pipe connection and

meter installation.

(2) It shall be the responsibility of development agencies carrying out, any

construction, including multi-storied construction or additions to existing

construction, to ensure provision of water supply through storage tanks, either

underground or overhead, and booster pumping stations. The construction shall be

the responsibility of the developing agency and the maintenance and operation of

the arrangements shall be the responsibility of the occupant of such premises. The

Board shall be responsible for giving water in the mains feeding the service pipe.

The construction arrangements shall be done with the prior permission of the

Board and on such terms & conditions as shall be determined by the Board

46. The Board, on payment by the agency responsible for fire services, fix

Provision of
fire hydrants hydrants on water mains (other than trunk mains) at such places as may be

convenient for supply of water for extinguishing any fire which may break out and

shall keep these in order:

Provided that the Board may in public interest allow water to be taken or

extinguishing fires from any pipe on which a hydrant is fixed, by the agency

responsible for fire services, without any payment.

Power of Board to 47. (1) The Board shall provide water meters to measure the consumption of water
provide meters

by any person using water supply and, until the contrary is proved, it shall be

presumed that the quantity of water shown by the meter has been consumed:

Provided that the Board may in its discretion permit a consumer to use his

own water meter subject to the approval of the Board.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009 409

(2)The use, installation fees and rent to be paid for such use, maintenance and

testing of meters shall be in accordance with regulations framed under this Act,

which will remain a property of the Board.

Testing of 48. (1) If the consumers of the Army Cantonment Area and Military Engineering
Meters

Services desire to have any meter tested, it may make an application in this behalf,

accompanied by such fee as may be prescribed, to the Board and the Board shall

forthwith cause the meter to be tested, giving due notice of the time and place of

such testing.

(2) If the meter is found to be faulty, the Board shall repair or replace it and refund

the sum, if any, as determined by the Board to have been paid in excess by reason

of the meter being faulty.

49.(1) No person shall willfully or negligently cause to suffer any water fittings to

Prohibition of waste or
misuse of water or be so constructed or so adopted, or to remain out of order in such a manner, that
installation of booster
pumps the water supplied to him by the Board is, or is likely to be wasted, misused or

unduly consumed or contaminated, or that foul air or any impure matter is or is

likely to be returned to any pipe belonging to, or connecting with a pipe belonging

to the Board.

(2) The Board may without prejudice to its right to proceed against such person

under any other provision of law, acquire any person infringing the provisions of

sub-section (1), to carry out any necessary repairs or alterations and, if he fails to

do so within forty eight hours, may carry out the work and recover the cost

incurred in so doing from such person.

(3) No person shall install a booster pump or any other appliance without the

permission of the Board on any water main or service pipe or shall pump water

supplied by the Board otherwise than in accordance with such conditions as may

be specified by regulations made in this behalf.

Power to enter premises to 50. (1) Any officer, authorized in writing by the Board may, between sunrise and
detect waste or misuse of

sunset, enter any premises using water supplied by the Board in order to check if

water and to restrict use of
water from polluted source there is any misuse of water and no person shall refuse entry to such officer or
of supply

obstruct him.

(2) If the Board is of the opinion that the water of any well, tank, or other source

of supply, which is likely to be used for domestic purpose or for the preparation of

food for human consumption, is or likely to be so polluted as to be prejudicial to

health, the Board may, after giving the owner or occupier of the premises a

reasonable opportunity of being heard, by order, direct that the source of supply be

permanently or temporarily cut off or may impose restrictions upon the use of such

water.


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###### 410 THE ASSAM GAZETTE. EXTRAORDINARY. FEBRUARY 28, 2009

(3) No person shall construct any latrine or cesspool within ten-meters of any well,

tank, water pipe or in any position where such well, tank or pipe is likely to be

injured or the water therein polluted.

(4) No person shall sink any well, tube well or hand pump except in accordance

with such conditions as may be laid down by regulations in this behalf having

regard especially to the proximity of any sewer or storm water drain or of any

polluted water and the Board may further require, in accordance with the

regulations made in this behalf, that its permission should be obtained.

Power to require every 51. (1) Unless otherwise permitted by Board, every premises supplied with
premises to have separate
water connection and water shall have a separate water connection.
service pipe

(2) If, in respect of any premises already supplied with water but not having a

separate service pipe, the Board gives notice to the owner of the premises

requiring him to provide such a pipe, the owner shall, within three months, lay the

said pipe and the Board shall, as soon as may be after the owner has done so, give

the connection to the said pipe from its own supply line.

(3) If an owner on whom a notice has been served under sub-section (2) fails to

comply therewith the Board may itself execute the said work and recover the cost

incurred

Power to restrict or **52.** When any part of the jurisdiction of the Board is visited or threatened by
prohibit use of water

an out-break of disease and the Board considers it necessary to do so, the Board

may,-

(a) by public notice, restrict in any manner or prohibit for any period, as

may be specified in the notice, the sale of water for human consumption

as specified in the notice;

(b) without notice and at any time inspect and disinfect any well, tank,

public hydrant or other place from which water is or is likely to be taken

for the purpose of drinking.

**53.** If the Board is of the opinion that water in any well, tank or other place, if

Power to control use of
water from tanks, wells, used for drinking, is likely to endanger or cause spread of any diseases, the Board
public hydrants etc

may ,-

(a) require the owner or person having control of such well, tank,

hydrant or place to take such steps as the Board may consider necessary

to prevent the public from having access to or use of such water;

(b)take such other steps as the Board may consider expedient to prevent

the out-break of such diseases.


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###### THE ASSAM GAZETTE, EXTRAORDINARY. FEBRUARY 28, 2009 411

r'ower of owner of **54.** (1) If it appears to the Board that the most convenient means of supplying
premises to place pipes

water to any premises is by means of a pipe over, under, along or across the

through land belonging
to other persons immovable property of another person, the Board may, by order in writing,

authorize the owner of such premises to place or carry such pipe over, under, along

or access such property:

Provided that before making any such order, the Board shall, in

accordance with such rules as may be made in this behalf, give to the owner of the

property affected a reasonable opportunity to show cause why the order should not

be made:

Provided further that the owner of the premises shall not acquire any right

other than a right of use in the property where any such pipe is placed.

**55.** When, under the provisions of this Act, any person is required or is liable

Power to
execute works to execute any work, the Board may cause such work to be executed after giving

such person an opportunity of executing it, within such period as the Board may

fix for the purpose, and the Board shall recover the cost incurred in the execution

of such work, from the said person, in accordance with such rules as may be made

in this regard.

**56.** For the purpose of ventilating any drain or cesspool, whether vested in the

Power to erect
ventilating Board or not, the Board may in accordance with Rules made in this behalf, erect
shaft

upon any premises or affix to the outside of any building any such shaft or pipe as

may appear necessary.

**57.** **(1)** The Board may, subject to regulations made in this behalf, cut off or

Power to cut
off water turn off water supply to any premises or part thereof and the expense of cutting or
supply

turning off the water supply shall be paid by the owner/ occupier of the premises.

(2) The Board may cut off the supply of water from any premises,-

(a) if the owner or occupier neglects to comply with any lawful order or

requisition regarding water supply issued by the Board within the

period specified therein;

(b) if any charges or any other sum due for water or for the cost of

making connection or the hire of a meter or the cost of carrying out any

work or test connected with the water supply which is chargeable to

any person by or under this Act is not paid within two months after a

bill for such charges or sums has been presented or served;

(c) if after receipt of a notice from the Board requiring him to refrain

from so doing, the owner or occupier continues to use the water or to

permit it to-be used in contravention of the provisions of this Act or any

rule made thereunder;

(d) if the owner or occupier willfully or negligently damages the meter


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###### 412 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28. 2009

(e) if the owner or occupier refuses to admit the Officer in charge of

water supply or any person authorised by the Board in this behalf into

the premises which he proposed to enter for the purpose of executing

any work or placing or removing any apparatus or making any

examination or enquiry in connection with the water, supply or

prevents the Officer in charge of water supply or such person from

executing such work, or placing or removing such apparatus or making

such examination or enquiry;

(f) if any pipes, taps, works or fittings, connected with the water supply

are found on examination by the Officer in charge of water supply or

any person authorised by the Board to be out of repair to such an extent

as to cause waste or contamination of water;

(g) if the owner or occupier causes pipes, taps, works or fittings

connected with tire water supply to be placed, removed, repaired, or

otherwise interfere with, in contravention of the provisions of this Act

or of the rules or regulations made thereunder;

(h) if the consumer fails to provide proper disposal or treatment of the Assam Act 1

of 1973 :

used water from his premises, in accordance with the provisions of the

Central Act 6

Guwahati Municipal Corporation Act, 1969 or the Water (Prevention

of 1974

and Control of Pollution) Act, 1974, as the case may be:

Provided that the Board shall not cut off the supply of water

unless notice of not less than seven days has been given to the owner

and occupier of the premises, except in cases involving contamination

of water supplies, where no such notice need to be given.

(3) The owner and the occupier of the premises shall be jointly -and

severally liable for the payment of all the sums referred to in clause (c)

of sub-section (1).

(4) The expenses of cutting off the supply shall be payable by the

owner and occupier of the premises jointly and sever ally.

(5) In a case under clause (b) of sub-section (1) as soon as any money

for non-payment of which water supply has been cut off, together with

the expenses of cutting off the supply, including any penalties levied

thereon has been paid by the owner or occupier, the Board shall cause

water to be supplied as before, on payment of the cost of re-connecting

the premises with the water works.

(6) Action taken under this section against any person shall be without

prejudice to any penalties to which he may otherwise be liable.


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###### 413 I GAZETTE, EXTRAORDINARY. FEBRUARY 28, 2009 THE

 >
**CHAPTER: VI.**

Disposal of Sewage by the Board

Specifying of place for **58.** (1) The Board shall cause any or all its sewage to be disposed of at such place Central

the emptying of drains or places as it considers suitable, subject to the provision of the Environment Act No 29
and disposal of sewage of 1986

(Protection) Act, 1986;

Provided that no sewage shall be discharged into any water course until it

has been so treated as not to affect prejudicially the purity and quality of the water

into which it is discharged.

(2) Notwithstanding anything contained in sub-section (1), the Board may permit

disposal of sewerage for the time being in such place or places and in such manner

as existed at the time of commencement of the Act.

(3) No place which has not been used for any of the purposes specified in sub­

section (I) before the commencement of this Act shall be used therefore without

the approval of the Board.

**59.** (1) The Board may place and maintain aqua ducts, conduits and mains or

Rights of user
of property for

pipes of drains over, under, along or across any immovable property without

aqua ducts,
mains etc. acquiring the same, and may at any time for the purpose of examining, repairing,

altering or removing any such facility, enter on any property over, under, along or

across which such facility has been placed:

Provided that the Board shall not acquire any right other than right of user

in the property where such conveniences have been placed.

(2) The powers conferred by sub-section (1) shall not be exercisable in respect of

any property vested in the Central Government or under the control or

management of the State Government or Railway administration or vested in any

local Authority except with the specific permission of the said body in accordance

with any rules made in this behalf:

Provided that the Board may, without such permission repair, renew or

amend any existing works if it is urgently required to maintain interrupted supply

of water or disposal of sewage or if delay would be dangerous to health, human

life or property.

(3) In exercise of the power conferred by this section, the Board shall cause as

little damage and inconvenience as possible and shall compensate for any damage

or inconvenience so caused, as determined by the Board.


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###### 414 THE ASSAM GAZETTE, EXTRAORDINARY FEBRUARY 28, 2009_________ L

**CH APTER VII**

###### SPECIAL PROVISIONS RELATING TO ARMY

 CANTONMENT AREA AND MILITARY ENGINEERING

 SERVICES.

Army Cantonment and **60.** The Army Cantonment and Military Engineering Services shall pay for the
M ilitary Engineering
Services, to pay for water water supplied to them at the rate calculated in the manner fixed by the Board with
supplied

the approval of Regulatory Authority and subject to such directions as may be

issued by the Government.

**61.** (1) The Board shall receive in bulk all sewage from the Army Cantonment

Disposal o f sewage o f the
Army Cantonment Area Area and Military Engineering Services to dispose of such sewage:
and M ilitary Engineering
Services in bulk

Provided that the Army Cantonment and Military Engineering Services

shall not execute any major work calculated to increase the normal discharge of

sewage without permission of Board.

(2) The sewage received in pursuance of the provision of sub-section (1) shall be

the property of the Board and any income derived there from shall belong to the

Board.

(3) In case of disagreement between the Board and the Army Cantonment or

Militaiy Engineering Services with regard to the execution of any work or the

doing of any thing, the matter shall be referred to the State Government, whose

decision shall be binding.

Army Cantonment and **62.** (1) The Army Cantonment and Military Engineering Services shall pay
M ilitary Engineering for the net cost of disposal of sewage borne by the Board at the rate calculated in
Services to pay cost o f
disposal o f sewage the manner fixed by the Board with the approval of the Regulatory Authority and

subject to such directions as may be issued by the Government.

(2) To determine the total net cost of disposal of all sewage, the Board shall take

into account such items of expenditure incurred by it as may be prescribed by the

regulations made in this behalf.

Disputes as to the **63.** In case of any dispute between the Board and the Army Cantonment or
liability for payment to Military Engineering Services as to the liability of the said Military Engineering
or by the Board

Services or Army Cantonment to pay any sum demanded by the Board or as to the

right of the; Military Engineering Services or Army Cantonment to any refund,

the matter in dispute shall be referred to the State Government, whose decision

thereon shall be final:


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###### THE ASSAM GAZETTE, EXTRAORDINARY FEBRUARY 28, 2009 415

Provided that pending the settlement of such dispute, the payment shall

be made to the Board by the Military Engineering Services or Army Cantonment

as the case may b e , as demanded by the Board.

**CHAPTER VIII**

**TRANSFER OF ASSETS, LIABILITIES AND SERVICES RELATING TO**

**OTHER DEPARTMENTS, AUTHORITIES AND AGENCIES**

**64.** Notwithstanding anything contained in the Assam Urban Water Supply and

Assam Act

Taking over the activities Sewerage Board Act, 1985, the Guwahati Municipal Corporation Act, 1969 or in No. II o f
performed by other 1987
agency any other State Law for the time being in force, the Board shall take over the

water supply and sewerage of a certain area being performed by any other

Assam Act

Department, Authority or agency based on mutually agreed terms and conditions No. I o f

1973

and thereupon all the properties, assets and liabilities under control of the said

department, Authority or agency shall be vested to the Board as per the terms and

conditions as agreed upon:

                                              -

Provided that the Board shall seek prior approval of the Government and

that the date of such taking over shall be notified by the Government.

**CHAP! ER. IX**

**OFFICERS AND OTHER EMPLOYEES OF THE BOARD**

**65. (1) The Board, as the case may be, may appoint such officers and employees as**

Appointment
o f Officers and it may consider necessary for the efficient performance of its functions.
Employees

(2) The pay and other conditions of service of the officers and employees of the

Board shall be such as may be laid down in the Regulations made in this behalf.

Discipline o f officers and **66.** The service rules as prescribed under the Assam Services Conduct Rules 1962
employees o f the Board and Assam Services (Discipline and Appeal) Rules, 1964, shall apply, mutates

mutandis, to every officer and employee of the Board.

**CHAPTER X**

**CONTROL**

Production o f Government may at any time require the Board,-

Records

(a) to produce any record, correspondence or other document in

the possession of the Board;


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###### 416______THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009

(b) to furnish any report, return, plan, estimate, statement of

accounts or statistics relating to the functions of the Board for

the inspection and examination of works, records, etc. by

Government

**68.** The Government may depute any person in the service of the Government to

Inspection and
examination of works, inspect or examine any department or office or any service or work undertaken by
records, etc. by

the Board or property belonging to the Board and to report thereon and the Board

Government

and all its officers shall be bound to provide access to such person, at all

reasonable times, to the premises and properties of the Board as well as of all

records, accounts and other documents, the inspection of which such person may

consider necessary to enable him to discharge his duties.

Board to comply with **69.** The Government may at any time issue directions in relation to the
the directions of the

management of the Board and the Board shall comply with such directions:

Government

Provided that the Government shall make due provision for any financial

liability to the Board arising directly in consequence, of any such directions.

**CHAPTER: XI**

**MISCELLANEOUS**

Acquisition of **70.** (I) The Board shall for the purposes of this Act, by agreement on such
Property

terms and at such price as may be approved by the Board, have power to acquire

and hold or dispose of movable and immovable property or any interest therein.

(2) The Government having powers of acquisition under the Land Acquisition Act,

Central Act

1894 or Assam Land Requisition and Acquisition Act, 1964 or any other law or 1 of 1894

policy for the time being in force, may, at the request of the Board acquire any Assam Act

No. XV of

immovable property.

i **7 1 .** The Board shall be competent to enter into and perform any contract

Contracts by
the Board necessary for the discharge of its functions under this Act.

**72.** (1) No person shall make any development without obtaining permission from

Developments not
to be made without the Board to the effect that sufficient arrangement will be made for drainage,
permission

sewerage and supply of wholesome water, and every such development shall be

made subject to and in accordance with any conditions laid down with such

permission.

(2) The Board shall be under no obligation to provide water supply or make Central Act 1

of 1894

arrangements for sewerage in respect of any premises constructed without the

permission referred to under sub-section (1) or in contravention of any condition

Assam Act

laid down in such permission or in contravention of any other provision of this No. XV of

1964

Act, or of any other law:


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###### THE ASSAM GAZETTE, EXTRAORDINARY. FEBRUARY 28, 2009 417

Provided that the Board may with the prior approval of the Government

make arrangements for such services at the full cost of the beneficiaries thereof

with such development charges as may be fixed under regulations made in this

behalf and subject to such conditions as may be laid down by the Board.

Joint and several liability 73. The owner, the occupiers and any person liable for payment of charge in
of owners and occupiers
of offenses in relation to respect of any services provided by the Board shall be Jointly and severally liable
Water Supply

for any offence under this Act committed in relation to such premises.

74. (1) No person shall throw, empty or tum into any sewer communicating with

Certain matters not to be
passed into sewage sewer belonging to the Board,-

(a) solid waste or any matter likely to injure the sewer or to interfere with

the free flow of its contents or to affect prejudicially the treatment and

disposal of its contents;

(b) any chemical refuse, industrial effluent or waste steam, or any liquid

at temperature higher than forty five degree centigrade, or any liquid

which is dangerous or the cause of a nuisance, or is prejudicial to health;

(c) any industrial effluent except with the express permission of the Board

after such treatment as may be required by the Board.

(d) any dangerous petroleum or any explosive matter.

Central Act

(2) In this section, the expression "dangerous petroleum" has the same meaning as No 30 of 1934

in the Petroleum Act, 1934.

Prohibition of 75. No person shall,-
certain acts

(a) willfully obstruct any member of the Board or any person acting

under the Board in the performance of his duties;

(b) willfully or negligently break, injure or tamper in any manner with

any installation, pipe, fitting or apparatus belonging to the Board;

(c) willfully or negligently obstruct or hinder the flow of or flush,

draw off or divert the flow of water or sewerage in any water course,

pipe sewer;

(d) do any act likely to foui or pollute the water in any water works or

sewer.

No Construction or 76. (1) No construction or development of any kind, including building, walls,
development over any

fences, roads or poles or electric transmission lines shall be made above any drain,

sewer, supply pipe of
installation etc. without sewer or water supply pipe or any installation constructed or maintained or vested
permission

in the Board, except with the written permission of the Board and subject to such

conditions as may be fixed by the Board:


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###### 418 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009

Provided that Railway Administration may take up the works mentioned Central Act

24 of 1989

herein above, in accordance with the provisions of section 11 and section 12 of the

Railways Act, 1989.

(2) The Board may remove or otherwise deal with any construction or

development made in contravention of the provisions of sub-section (1) in such

manner as it thinks fit having regard to the maintenance of its services and any cost

including departmental charges incurred by the Board in this regard shall be

recovered from the person who made the development or construction:

Provided that in case of construction or development made by the

Telegraph Authority, the Board may remove or otherwise deal with it in such

manner as it thinks fit and recover the cost including departmental charges

incurred by the Board in this regard after giving the Telegraph Authority an

opportunity of executing it within such reasonable period as the Board may fix for

the purpose.

77. (1) If a person liable for payment of any charges, does not, within thirty days

Penalty in case of
default of payment of the service of the notice of demand on him under this Act pay the sum due, he
of charges

shall be deemed to be in default.

(2) A person in default shall in addition to the charges due, including interest and

demand fee, be liable to pay such penalty as may be determined by the Board,

extending to such sum not exceeding 20% of the amount of the charge and the

same penalty shall be recoverable along with other arrears.

78. The officer issuing any notice or order to any person in respect of property of

Liability of
occupier to pay which such person is the owner, may require the occupier of the property to pay to
for any default
by the owner him, instead of the owner, any rent payable to the Board:

Provided that if the occupier refuses to disclose the correct amount of the

rent payable by him or the name and address of the person to whom it is payable,

the Board or officer may recover from the occupier the whole amount recoverable

under this section as an arrear of charge under this Act.

79. No person shall obstruct, prevent, divert or stop the supply of water to or the

Obstruction of
services drainage or sewerage of any premises or any portion thereof to which such service
provided by the
Board has been provided by the Board whether on grounds of any dispute regarding

ownership or occupancy of such premises or for any other reason.

80. The Board may, subject to any regulations which may be made in this behalf,

General Power
of fix compensation to any person who sustains damage or injury in the course of or
compensation

in consequence of any work done by Board or in relation to any service provided

by the Board.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009

**81.** (1) Any person who has been convicted of any offence under this Act, shall,

Compensation

notwithstanding any punishment to which he may have been sentenced for the said

to be paid by
offenders for offence, be liable to pay such' compensation for any damage to the property of the
damage caused
by them Board resulting from the said offence as the Board may consider reasonable.

(2) In the event of a dispute regarding the amount of the compensation payable

under sub-section (1) such amount shall, on application made to it, be determined

by the Court before which the said person was convicted of the said offence and on

non-payment of the amount of compensations determined, the same shall be

recovered under a warrant from the said Court as if it were a fine imposed by it on

the person liable therefore.

**82.** The Board shall not be liable to any penalty or damages for cutting of the

Non liability of the
Board when supply is supply of water or for not supplying water in the case of natural calamities, making
reduced or not made

it impossible to perform, other unavoidable causes or accidents or in case of

necessity of relaying or repairing of pipes.

**83.** (1) If a person liable to pay any dues to the Board does not, within thirty days

Recovery
of dues from the service of the notice of demand, pay the amount due, such sum together

with all costs and the penalty under section 72 shall be recoverable under a notice

by distress and sale of the movable property, or the attachment and sale of the

immovable property.

(2) Every notice issued under this section shall be signed by a Member of the

Board or any officer duly authorized by the Board.

**84.** (1) If the Board has reasons to believe that any person from whom any sum is

Recovery due or is about to become due is about to move from Guwahati, he may direct the
from a
person about immediate payment by such person, of the sum of due or about to become due, and
to leave area
of cause a notice of demand for the same to be served on such person.
jurisdiction
of the Board

(2) If, on the service of such notice, such person does not forthwith pay the sum so

due or about to become due, the amount shall be recovered by distress or

attachment and sale in the manner herein before provided.

**85.** Save as otherwise provided in this Act whoever,-

Offences and
Penalties

(a) contravenes any provision of this Act, or

(b) fails to comply with any order or direction lawfully given to him or

requisition lawfully made upon him under any of the section, sub-section,

clause, provision of this Act, shall be punishable,-


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###### 420 THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009

(i) with fine which may extend to the amount payable by the

contravener, or with imprisonment for a term for not more than one

year or with both; and

(ii) in the case of a continuing contravention or failure, with an

additional fine of Rs. 500 for each day of such contravention or

failure.

86. No court shall proceed to the trial of any offence except on the complaint of
Prosecution

or upon information received from any officer authorized by the Board by a

general or special order in this behalf.

87. (1) The Board may, either before or after institution of the proceedings,

Compounding
of offences compound any offence under this Act:

Provided that no offence shall be compounded unless the offender has paid

all dues including penalties payable by him and compensation as the Board may

consider necessary, having regard to the facts and circumstances of the case, and

indemnifies the Board against any damage for which the Board may be liable on

account of his action.

(2)When an offence has been compounded, the offender, if in custody, shall be

discharged and no further proceedings shall be taken against him in respect of the

offence so compounded.

**8 8 .** (1) Any police officer may arrest any person who commits in his view any

Arrest of
Offender offence under this Act or under any rule or regulation made there under if, the

name and address of such person are unknown to him and such person on demand

declines to give his name and address or gives a name and address which such

officer has reason to believe to be false.

(2) No person so arrested shall be detained in custody after his true name and

address are ascertained.

**8 9 .** No suit, prosecution or other proceeding shall be instituted or shall be

Protection in
respect of entertained in any Court against any member, officer, employee of the Board or of
action taken in
good faith the Board, or against any person acting under the order or direction of any such

person for anything which is in good faith done or intended to be done in

pursuance of this Act or any rule, regulation or other instrument made there under.

Notice to be

90. (1) No suit shall be instituted against the Board until the expiration of two

given of
suits months after notice in writing has been served at the Board's office and unless such

notice states explicitly the cause of action, the nature of the relief sought amount of

compensation claimed and the name and place of residence of the intending

plaintiff and unless the plaint contains a statement that such notice has been so left


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###### THE. ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28. 2009

(2) No suit, such as is described in sub-section (1) shall, unless it is a suit for the

recovery of immovable property or for a declaration of title thereto, be instituted

after the expiration of six months from the date on which the cause of action

arises.

91. Appeal shall lie to the District Judge, Kamrup from every decision made by the

Appeals

Regulatory Authority except fixation of tariff.

92. (1) A railway, telegraph line, electric line or street can be constructed and

Permission of

structure of any kind can be erected on any drain or any water works constructed

Board required
for works to be or maintained by or vested in the Board, only after obtaining written permission
carried out by
other public from the Board.
authorities

(2) If any, telegraph line, electric line or street be constructed or any other

Structure is erected on any drain or any water works as aforesaid without the

written permission of the Board, the Board may remove or otherwise deal with the

same as it deems fit.

(3) The expenses incurred by the Board in so doing shall be paid by the owner of

the street or of the structure or as the case may be, by electricity administration or

the person offending and shall be recovered in accordance with the rules which

may be specified under this Act.

93. If any offence relating to water supply or sewerage is committed under this Act

Liability of
owner and on any premises connected with water works or sewerage, the owner or the person
occupier

paying the occupier of the said premises shall be jointly and severally liable for

such offence.

94. Notwithstanding anything contained in this Act, the Government may, if

Transitional
Provisions necessary, appoint a special officer to exercise the powers and discharge the

functions of the Board until the day on which the first meeting of the Board is held

after the commencement of this Act.

95. (1) If any difficulty arises in giving effect to the provisions of this Act, the

Power to

Government may, by order published in the Official Gazette, make such provision

remove
difficulties not inconsistent with the provisions of this Act as may appear to it to be necessary

for removing of the difficulty:


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###### 422 THE ASSAM GAZETTE, EXTRAORDINARY FEBRUARY 28, 2009

Provided that no order shall be made under this section, after the expiry of

three years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is

made, before the Assam Legislative Assembly,

Prohibition of 96. No person shall obstruct any person authorized or empowered by under this
obstruction or

Act, or any person with whom the Board has lawfully contracted, in the execution

molestation of
execution of of his duty or of anything which he is authorized or empowered to do by virtue of
works

or in consequence of any of the provisions of this Act or rules or regulations or

instrument made there under or in fulfillment of his contract with the Board.

97. (1) The Government after consultation with the Board, may, by notification in

Power to make
Rules the official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers,

such rules may provide for all or any of the following matters, namely, removal of

any telegraph line, electric line, street or any structure erected upon drain or water

work without the written permission of the Board.

(3) All rules made by the State Government under this Act shall, as soon as may be

after they are made, be laid before the State Legislative Assembly while it is in

session, for a total period of not less than fourteen days, which may be comprised

in one session or two or more successive sessions, and shall, unless some later date

is appointed, take effect from the date of their publication in the Official Gazette,

subject to such modifications or annulments as the Legislative Assembly may,

during the said period agree to make, so however, that any such modifications or

annulment shall be without prejudice to the validity of anything previously done

there under.

Power to make **98.** (1) The Board may make regulations concerning any matter not inconsistent
Regulations

with the provisions of this Act, which is to be or may be prescribed by regulations

under this Act and such provision is, in the opinion of the Board, necessary for the

implementation of this Act.

(2) Without prejudice to the generality of its powers under sub-section (1), the

Board may make regulations regarding the following matters, namely: -

(a) The terms and conditions including charges for supply of

water;

(b) Compensation to be paid to owner or occupier of land for

damage caused due for laying of water mains, sewers or service

pipes or drains in any street by the Board;


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###### THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009 423

(c) Requirements to be complied with by a person desiring

supply of water;

(d) Use, installation fees and rent to be paid for use, maintenance

and testing of meters;

(e) Cutting off water supply to a premise and charging expenses

therefore;

(f) Installation of booster pump and sinking or well, tube well or

hand pump;

(g) Laying of a pipe or drain across the property of any person;

(h) Recovering the cost of execution of a work executed by the

Board from a person who is liable to execute the said work but

fails to do so;

(i) Erecting upon a premises a shaft or pipe;

(j) Terms and conditions for connecting a private drain to a

public drain;

(k) Licensing and control of plumbers;

(l) Prescribing the fee and charges to be levied by the Board for

various purposes under the Act and recovery thereof;

(m) Terms and conditions of service of officers and employees of

the Board;

(3) All regulations made under this Act shall, as soon as may be after they are

made, be laid before the State Legislative Assembly while it is in session, for a

total period of not less than fourteen days, which may be comprised in one session

or two or more successive sessions, and shall, unless some later date is appointed,

take effect from the date of their publication in the Official Gazette, subject to such

modifications or annulments as the Legislative Assembly may, during the said

period agree to make, so however, that any such modifications or annulment shall

be without prejudice to the validity of anything previously done there under.

Dissolution of **99.** (1) If the Government is satisfied that the purposes, for which the Board was
the Board

established under this Act have been substantially achieved, or that the Board is

unable to achieve such purposes, and if the continued existence of the Board is, in

the opinion of the Government, unnecessary, the Government may, by notification,

dissolve the Board with effect from such date as may be specified in the

notification and the Board shall stand dissolved accordingly.


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###### 424 THE.ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 28, 2009

(2) From the date of dissolution specified under sub-section (1 ),-

(a) all the properties, funds and dues which are vested in, or realizable by,

the Board shall vest in, or shall be realizable by, the Government;

(b) all liabilities which are enforceable against the Board shall be

enforceable against the Government;

(3) From the date of dissolution specified under sub-section (1) the

functions of the Board shall be discharged in such manner as the

Government may specify.

###### MOHD. A. HAQUE,
 Secretary to the Government of Assam,
 Legislative Department, Dispur.

GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam Guwahati-21

(Ex-Gazette) No. 161-500+600-28-2-2009.


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