The ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD ACT. 1985
###### Registered No. A-U~

##### The Assam Gaz9tte

}ij'f~Cf
###### Glli

'
###### EXTRAORDINARY

 !IT-~~~

 PUBLISHED BY AUTHORITY

~~ 6 fq~SJ_~. ~4>~f:f, 9 Sr'8(f!~l·, 1987, 10 ~ .... ~. 1908 (xt•)

###### Ne· 6 Dlspur, Friii:\}1 9··1a Jaauary, 1987, 19tk Paus~.

**1908 (S.** E.~

###### GOVERNMENT OF ASSAM

 ORDERSBYTHEGOVERNOR

LEGISLATIVE DEPARTMENT : :LEGISLATIVE BRANCH

NOTIFICATION

###### The 9th January 1987

 No.LGL.lll/85 139.-The following Act of the Assam
Legislative Assen1bly which received the assent of the
President is hereby published for general information.


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28 THE ASSAM GAZE'l'O.'E, EXTHAORDINARY, JAN. 9, 198\

ASS.l\.l\f ACT II OF 1987

(Received tL2 &sscnt pf the P!'csi:k' tl't L¥1 :2.3th Dec. HJ86)

_THE_ ASSAM UHBAN WATC:i{ SUPPLY AND SEW~RAGE

BOARD ACT. HW5

A n

Ari .

to provic!e for the estahlishm~nt of an Urban Watci Supply and Sewe-
rage Board for the development, maintenance and regulation of tho
Water Supply, Sewerage and se>'age disposal works and for matters

connected therewith in the Urbao areas of the State of Assam.

Preamble. Whereas it is expedient to provide for the establishment 9f

ao Urban Water Supplyo ani Sewerage Board for the develop ..
!!lent, maintenance and regulation of the Water Supply, Sewe•

rage facilities in the Urban areas of the State of Auam
and for matters ccnnected therewith ;

Be it enacted by the Assam State Legislature in tM

Thirty-sixth ~ear of the Republic of India aa follows.:-

CHAPTER I

PRELIMINARY

Short tide, (l) This Act may be called the Aaaam Urban Water
extent and

Supply and Sewerage Board Act, 1985.

commence-
ment.

(2) · It shall txtend to all urbau area~ in Assam baa

excluding the cantonment arcaa.

(3) It shall come into force on such date or dates aa.

the 'State Govt. may, by notification, appoint and differeat.
dates may be appointed for differeat areas.

Definitions. 2. In this Act, unless the context otherwise require•-

(1) ''Appointed day" in relation to any local area means tho

tiate of notification relating to that local area under Section 18.

12) "Board" means the Assam Lrban Water Supply and

Sewerage Board. constituted under Section 4.

(3)                  - Bye:laws" means bye-Iawa made under this Act.
(4) "Cbamnan,. means tlte Chairman of the Board.

(5) "Committee'' means any committee appointed under

!"' ectfon 13.

(~)                 - catchment areas" means all land throuah or under

~h1ch any wate~ flon. rwns or percolates directly or indirectly
n.to any reservetr erected or used by tho Board in conncctioa
with water aupply or drainage.

(7) "Cesa p:1ol'' inclades a atttlement tank ·or other tank

for the reception or di1posal of ftuid foul matter from aay·
premiaa;

.

###### ~~--~------------~------------


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TI.IE ASSAM GAZETTE. EXTRAORDINARY, JAN. ~. 1987 29

(I) UOireotor .. means the Di.rector of the Beardand illcludes

1he Chairma• and -~e Managlng Director ; ·         - .

(9) .. Drain•• · iaeludes . a sewer, tunnel, pipe,. ditch gutter. or

chauel· or a. d,stetD, ftush•tank, septic tank or ether device or
carrying oft' ~ - 'treating sewage, offensive matter. polluted
water, sullage, wiute water, rain water or sub-soil. water ~a          -

also includes any culvert, ventilation abaft or pipe or 'otll'er
applianee «*fitting connected with luch drain, aad any ejectOI'Sf·

compreSJCd air mailil*i •ealed, sewage mains and special machi•'
nery or         - pparatoa ft!'aisin. & · coll~ng, expellin1 or·reme'ring

aewa!e or offensiv~ f-..;tter from any place ; .

I ~ '·

(tO) .. Drainage., mean~·' device for carryias sewage, ofJ'en-

tive matter, polluted watet, waste water, rain water or sub.
toil w.ater;

(11) "Domestic Putposes" supply of water for domestic

pQrposes shall ~ean supply for any purpose except· (i} for

trade. manufa-ct,llre, busii:JOss, gardens or irriaation ;1 (ii) for
buildiDg purposes and construction of roads; (1ii) (or faun·
tains, swimming pools, .~.yublic baths or taaks o.~· .. . fdi (orna•
1

mental or mechanical Jt!lrpose ; (iv) for animals, , ;~fe¢ they

are kept for a.jil)e or b)te 6r sale of their proda«;~ , (v} for
consumption. ~d usd" at ~ res.taurent or ~Y inma!~• of a
hotel, baardJbg;·house or residential club; (VI) · for Cftlnsump·
tion and use by persons resorting to theatres and1 dnemaa;

(vii) .f()r watering atreets ; (;>iii) for wasbiDg vchi~1 . where

they are kept for sale or h1re.         -

~. ,~~ ,,

(12) "Government'' means the State Government.:            -

. ,

(13) "Houae-drain" meaas aay drain of' and _\IS~d / for the

drainage of, one or more premises.         - ·

/.-' '

          - . (14) ''Local area•• means.tti.o area faJiing witl;!.-jh the juria.;.

diction of a Local body;>         -

(15) ''Local Authority,. means a Municipal Corporation,

MQnicipal Board, Town Committee, Development Authority

          - r any other local authority as !pecified by the State Gov·
,ernment.         -

(:6) "Land'' includes. {b~d~s land) benefits arising out
of land, houseio and        - th19p 'attached to she earth or per-

manently fastenenq t._-~rt}'tiog attached -tG·the earth and also
land covered~ _, _;vater ;

(17) "'Main" means a· pi.'pe" laid by the Board for the

purpose,:.·ot giving a ,general supply 0f water as disUnctJreln
a.....Upply to individual consumers, and includes U'l'f appliances

       - nd appurtenances used in connection with ameh a pipe ;

{ 18) ·,.Notification .. means a notification pubHshe&l _.in:_ tbcr

.oflieia! '• Gazette · , -.


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(19) "0ccblpier'' ia relation eo any premises includes :-

(i) any person ·for the time being paying or liable to
pay rent or any pottion thereof to the ownor in re3poct of
these premises ;

(ii) an owner who is in occupation of those premises.

(iii) a tenant of those premi!es whCJ h exempted from paJ•

ment of rent.

(iv) a licensee who is in occupation of those pl'emises ; and

(v) any persons, wl:io h liable to pay damages to the
owner in respect of use and occupation of the premises.

(20)                   - owner'' in relation to any premises, means the per-

sons who recei 'les the rent of the said premises or wllo

would be entitled to receive the rent thereof, if the premises
were let and includes :-

(i) an agent or trustee who receives such rent on account
of the owner ;

(ii) an agent trustee who receives the rent of, or is en-
trusted with rhe management, of any premises devoted
to religious or charitable purposei ;

(iii) a r!ceiver, administrator or ma'la~er appointed by

r:.ny court of competent j11risdiction to have · the

charge of or to ex:erci11e the rights of an owner of,
the said premises ; and

(iv) a mortgagee-in-possesshn.

(21) 10 Premi~es" means any land or building or part of a

building and includes-

(a) the garden, gl'ounei and out hous~s if any appertain-

ing to a building er part of a building ; and

(b) any fittings affixed to a building or part of a build-

ing for the more beneficial enjoyment hereof ;

(22) "Pre;;cribed" means prescribed by rules ;

(23) "PreJcribed Authority" mean~ an authority appointed

by the State Government by notitication in the official Gazette

to perform all or any of the functions of the proJcribed

auth~trity in one or more local areas ;

{24) "Privat~ street", ·'public street" aDd. "Street" in rela-
tion to any local area. have _ tbe samtt meanings as in tbe
law re{a~ing to the local body having jurisdlctiGn over that
local area ;


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(25) "Rules" means the rules made under. this :Act;

(26) "Regulation" means ·regulation made und,er this

Act;

(27) ".Sewerage" means any device for carryinR of

.sewage,.· offensive matter, .POlluted water, waste water,

rain water or sub-soil water ;

(28) "Scheme" means any scheme relating to the proVi-

sion of drinkihg water and collection and disposal of
storm and waste water ;       -       -

(29) "Sewage" IJleans night-soil and other contents of .

water-closet.,s, latrines, privies, urinals, cesspobl or

drains       - nd polluted/waste water from sinks, bat~rooms,

stables. cattle-sheds, and other like places; and /mcludes
trade effluents and diScharges . from manufactunng indus-
tries of all kinds ;        -

(30) "Sewer" means a closed conduit .for ca:rrying

sew8,1;le, offensive matter, polluted water, .waste water or
sub-soil water laid thrt>Ugh, under or J.li>on any street or
land whether public or private;·

(31) "Sewerag_e sys...tim" means a sewerage system provided ·
by the Board and mcludes the sewer .to which this Act
extends and all treatment works, pumps, pumpirig stations

and machinery, fittings and thitigs connected. th~r~with
and all land a~quired. held or used by the "Board for the
purpose of this Act, in relation . to sewerage ; . .

. ,. . .

(32) "Urban" means and includes the areas declared .or

included in a .Municipalitv or a . Municipal CotporatJOO .
under the provisions of the Assam. Municipal Act, ·1956
(Assam Act No. XV Qf ' 1957) and the Guwahati Municipal-./

. CQrporation Act, 1969 (Assam 4ct 1 of 1973} or any _,other-'

Municipal Corporatipn Act which may CC)ine into force

from time to rune· or any other area tC?>whfch the 'se,mces

of the Board are extended as speS:fied by the·· State

Government;      - '      - "'

(33) "Wate~ . Connectior{" .includes:-

(i) a tank, cistern, hydrant, stand pipe, meter or tar ...

situated on- any---private property and connected-
with a main or other pipe belonging to the Board;·
and.

(ii) the water pipe connecting such a tank. cistern,.

hydrant. stand-pipe, · meter or tap with such
main or pipe :


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32 JAN.

(34) "Water Works" includes water channel (including

stream, lakes spring, river or canel), well, pump, reser-
voir, cistern, tank, duct, whether covered or open, sluice,
supply main, cuh;ert, engine; water truck, hydrant, stand

pipe conduil and machina:ry_ land, buildings or other

thing for supplying or used for supplying water or for
protecting source of water Sl;lpply.

(3.5) "Year" means the financial year.

(36) The expressions "building", "house-gully",

"offensive matter" and any other term used in this. Act,
shall unless defined here and unless there is anything

repugnant in the subject or context, have the same mean-

ing as in the Assam Municipal Act, 1956,.and the Guwa-

hati Municipal Corporation Act, 1969 as amended upto

date.

CHAPTER-Ir

Constitution of the Board

Creation 3. (i) The State Government shall, by notification in the
and incor- official Gazette, and with effect from a date to be

poration oC

tb.c Boarct. specified herein. constitute a Board 'to .be called

'Thre Assam Urban Water supply· and Sewerage

BoJrd". The duty of carryi11;g out the provisions of
this Act, shall subject to the restriction, condi-
tions, and limitations. therein contained be vested
in' the . said }3oard.

(ii) The Board shall be a body corporate bv the said _,
name having perpetual succession and a common

                    - seal and shall have power to acquire, hold or

dispose of property.

(iii) The Board shall for the purpose of this Act oe

deemed to be a local authority.

(iv) The Board shall have its head- office at Guwahati

and may have offices at such other places. as it
may consifter :necessary.              -

(v) The conduct of business of the Board shall be

regulated by such rules as. may be framed by the
Government from time to time.

Connitution 4. (1) (a) The Board shall consi~t of a Chairman, who

ofthe Board~shall be the Minister in-charge of the Department.
(b) There shall be a Vice-Chairman with the status

of a Director to be appointed by the State Government.
besides the Director specified under sub-section (2).
(2) The Directors. other than the Chairman and the

Vice-Chairman shall be as follows. namely :-


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THE ASSAM GAZETTE, EXTRAORDINARY, JAN. _9,_ 1987 33

(a) A Managing Director to be appointed by ~he State

Government.
(b) Secretary to the Government of Assam, Municipal

Administration Departmet,lt (ex-officio)          -

(c) Secretary to the Government of Assam, Finance
Department (ex-officio).

(d) Directo:t, Municipal Administration, Assam (ex-
officio).

{e) Town Planner, Government of Assam (ex-officio) ..

(f) Chief Public Health Engineer, Assam (ex-officio).
(g) Chief· Engineer, P.W._D. (Roads). (ex-officio)
(h) Commissioner, Guwahati" Municipal Corporation
(ex-officio).
(i), (j), (k) Thre~ elected Mayor/Chairman of the.                     -

Urban Local Authorities to be :appointed by .the Govern-

ment.
(1) . , (m), (n) Three oth,er persons to he rrominated by

the State, Government.

                 - (3) The appointment of the Vice-Chairman, the Ma-
naging. Director and other Directprs, shall be made by the
Government and notified in ~he official Gazette.
(4) _1\_ Director. referred to in- ciause (b) &. (c) of sub-
section (2) may, instead of a..ttending a mee·ti.ng' of the
Board 'himself, depute an officer not below the rank of
Deputy Secretary, to attend the . meet~ng, The officer so

. deputed shall have the right to.:take part in the proceeding

of-the m~eting and shall also have the right to . vote.

(5) The Vice:..Chairmari and the Managing · Director ·

shall p'ossess the prescribed qualifications.
(6) ·The Mana~ng Direc.tor sh'an be the Chief! Execu-

. tive of the Board and be a whole tim~ officer to be appoint-

ed by the· State Government and shall possess such quali-
fications as may b~ ' prescribed qy the ·state Governm~nt.

Term oft 5. (1) :All Directors includi~g the Vice-Chairma~     - nd

:!dit~~d of the Managing Director shall ·hold office. during the pleamre

llt!I'Yieeoftbe of the Government.
Dirc:ctt!JW,       - . . . . .

           - (2) The Managing Director of tbe Board sh~ll hold

offl~e ·for three years unless his term is determinMI earlier
by··State Government by notification in          - .the official

Gaz~tte, .and shall be eligible for re-appointment . .

                                                                                                       -


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34. T}I~ A$SAM GAZE'.M!E, EXTRAORDINARY, jAN; 9, 1987

. f3} The pcrs::>a appol.n.t:td. a :. Direo~rs under . clause {i),

_.( j),_ (k);· 0), (r&); (n) of s'ub-sectiQn (2) . of ·Section 4 shalt.

               - nless " ~is·. term Ia determined earJier by State Government,

h~Jd Q~ fot: ' peri04. of !i ._ 1ears or until the expiry of

h1s ter,JD o( ~m~ . as                 - ~tcted head of-the .loQa1 b~y concerned,

wbieb.f¥"er -, eaeijer, bllLaluiil be eligible               - or 're-appointment.

(-4) Any- I>irectqr m~y. _by_ ~itjng, ad,dre11ed to the Go-

''ernmen~ re.$ign his oflic.e an!~ such - reaillD@.tion . takes- effect

'IOI.bcn                    - aoccl)fcid by G~vtrn~nt. ·

_(S)_ . The cQQdjtio~s of. the senice . pf the Directors . shall

be _· ioch as ma,y be . p~e~ciibed.                        -                        -

(6) . A~y ...aqancy i!! the offiee of the Directors ma,y                - e

fi.JjecJ lfy tb~ Qo'!ei!Dmerit hy appobiting ·.a Mh<>n poss!!Ssiag_ .

the appropriate qualification . specified in Sectioh 4.

~~i-l'or _6i_ (1.) -A ~rso~. shall      - e _disqua)ifi,ed for being • appoin-

appoint- ted as, and l9r betnK, a Dtrector of tlle . Bo~d.. tf        - e,-

mcllt aa         - · ·

Director of (a) 'has: been . sentenct:d ~r any offence .involving moral

the aeard; turpitude, tuoh sentence not haviag bee,u reserved ;         - ·

(b) ia: an uDdiacharg~d fuaolvent ;

( c;) it of 'un50und mind ;

(d) it an oW<:er ' or ' servaDt . of the Board ;

(c) . h&ll diJec_tfy or. inditeotb, by h~~eJf cr by arny

partner, emp.Jqy~:• or              - eJDployee; a .~Y ahare or interest in any

. contract or             - mplo~merit, with,· by or ori b~ba]f-of, the Board;

(.f) w<• I>ir~or.· or a . Sect"etary, Manager or other

Office~~ . ct( ~DY incor~r•ted .company which . bas ~ny share

_or _iDterest ia an, con'tract or e~ploymeot with, by ·or on

~If of the . Boa...,q. " ··

. . .

(-i) A person shall not be disqualified UDder clause {e)

or claus·e (f) of sub-sectiOn ( 1) e>r be . deemed to 'have             - ny

~hare . or iacerest in any contr;lot or employment within tu~

nicanj.Og or' Jboae . cl.t,Jsef, by' reasons ~qnly of his or the

             - incorporated .. company· of which he is a Direc~or, Secr~tary,

                     - Manager or the Officer, having a _share ar mterest lD,                     -

. (i) any aale, . purchase, leale or exchange _of immo--_

'Yable propeny or .· any agretme•t for the -same ;

. (H) any . agreemeat f•r the toan . of 'money. or any

100Utity fM tbe .. peyment of aoaey. only;


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THE ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 35

(iii) any newspaper in which any advertisement relatincr

to the affairs of the Board is inserted ; "

{iv l the occasional sale to the Board, if the aum paid

as consideration does not exceed two thouaand rupees in any
year, of any article in which he or the incorporated com-
pany regul&rly trades.

_(3 )_ A person shall not also be disqualified . under claase

{e) ol' clause (f) of '·sub-section (1) or be deemed to have
any share or in1 erest in any incorporated company whioh
has an) sha F .~ or            - interest in any contract or empbyment

with, · by, or Gn behalf of the Board, by re.asori only of his
being a share bolder of such compan~:

Provided that such person discloses to the Government
the nature and elltent of the shares held. by him. .

.Esp1anation-For            - he purposes of clause (d) of aub-

section (l ) the Chairman or the Managing Director or. any
Director shall not be deemed to be an officer or employee
of the Board. ' '

Remo':'al of 7. (1) If 'at any time it appears to the Government

t~e Vlcc~Chd- that the Vice~Cbaitmari has shown · him>elf to be unsuitable
airman other n oan n· fi or h' IS o ce, ffi or b . as be en gUJ •t ty o r any ·. mlScon .uct . d or

.official Direc:-neglect whbh renders his removal expedient, it shall by

tors. notifiCation remove him · from o(fice after giving him a re-
asonable opportunity of sh6wing cause.

(2) The Government may, by notification, remove &DJ

non-official Director fr-om office after gi•ing him a reaaon-
able opportunity of sbowiDg · cause,-'-

(a) If he bas, without the permission of the Board,

been absent in three consecutive meetings reckoned from the
date of the commencement of his term of . office, or of the
last mtetin g which he attended, as the case may 'be;

                     - (b} if he, being a legal pracfitioner, acts or ap~8!S

on behalf of

1 [any ] [person ] [other ] [t.han the B.oard in any ctVl!, . ]

criminal or other legal proceedmgs in whtch the Board ts
interested, either as a part'; ·or otherwise ; or

{c) if h e, in the opinion 'of the Government, is unsuit-

able or has become incapable . of acting as a Director or
bas so abused his position as a Director as to. render his
continuance aa sucll -Director detrimental to public . interest


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S6 THE ASSAM GAZETTE. EXTRAORDINARY, JAN; 9, 1987

.• ~· A non:offioial Director remove4 un~er apy · of tlae prO..

VISIOllS of cl•uses (a; and (h) ot spb•JectJ,m (i!) aha)l unleas
otherwise directed by the Government as disqualified for ap-
pointment as a Director for a period or three years from
the date of hb . removal.

4. A non-official Director                     - emoved under clanso. (c) of

sub-section (2) ahall not be eli~ible for re-appointment until
he is declared by an order of the Govcrnnien' to be no

lon&er in eligible.

CHAPTER-III

Officers and Membrri of the Staff of the Board.

Appoil'lt· S. The Board may · appoint a Secretary, a Chief Engineer,

mf!nt of an ·Accounts ~tlicer I'Od sqcb othc;r oBict.rs ao4 Employees as,

~~~~(~;~in- it co;0siders neceasary for the et!ident perfor!J)Jmce of ita

eer, Chief Ac· functions :

counts Offi-
cer and

other Otli-

c~r• and em•

pJoy~cs of the
Buard

Pro-wide~                  - tha• ·the appointpaeilf of · tile Secretary, Chief

Engineer a{ld tbe Chief AccQunta Officer 1ball be made with

the pre.Yious approval of tbo Goveroro.ont.

Provided further that in case of emergeaey .-

_(lj_ the .Mana11.iag Director may appoint, temporarily

for a period not ex~eoding tbrec rnoatbs s~ Officers or

Employees IS m•y, ia hili opinion, be rcquirc4 for the purpoae
of tbi.s A~t. aQd the e~plo)'ment of wh.O.a for aay particular
work had not been prohibited by any resolutioa of the Board;
and             -

(b) every appointment made under claus( (a) s~all

1M report•d b)' the Managiag Director to trn, B.:>~rd at the
noxl meetins.

MalatainJng 9. _( 1)_ ' The Board si,all prepare and maintaia a sebed~Ale

!~~~::Ue~~ o!· btabllsb•ent ahowin~ the nu.-ber, deal:••tt.Go aad 1rad~
_o(_ dtc Ofticen and Employeea {othet tllao the employees who
are paid ~Y thr. day or .,bose ~Y is charpd lo temporary

'~ ori!.,), "hom _it_ considen ne'41l$•fY and proper to em.Ploy

for tb~ purpoae, of this Act, and alao tbo amoQnt r 'lie

na•ure of the salary, fee• and allGwances to be pa;d to

eac:h aucb· Olliccr or employee.

4 2) T-.e Sclledule r«!ferred to in s11b.section (I) shall

be rni/led e.very year hefore the first Miiy of thilt ,ear and
snall c:on••in the partic:uJara m~, . .                 - i· iu that sub· sect I m,

of the Officers aad employees of the Board, employed on the
3ht Ma1·cb. imalcdiatdy pncediog.


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~he Control Manag-by 10. SubJ·ect to such regulations as may be
ing Dirtctor. framed by the Board, the Managing Director

###### shall exercise supervision and control over the
Acts and proceedings of all the Officers and
employees of the Board.

###### CHAPTER IV
 Canduct and Business of the Board

~:e~~~r~~ 11. (1) The Board shaH meet at sucli times and

places and shall, subject to the provisions of sub-

section (2) and (3) observe su~h rules of procedure
###### in regard to transaction of business at its meeting including the quorum nt meetings as may be pres-
 crib.ed by regulations:
Provided that the Board shall meet at least

once in three months.
(2) The Chairman or in his absence the Vice-

###### Chairman , or in absence of both. any other Direc-

tor, elected by simple majority votes of the

Directors present anq voting, shall preside at a
###### meeting of the Board.

(3) All questions at any meetings of the Board
###### shall be decided by a majority of the votes of the
Directors present and voting and in the case of an
###### equality of votes the Chairman, Vice-Chairman
 or in their absence the elected Chairman presid-
ing, shall have ana exercise a second or casting
vote.

Temporary 12. (1) The Board may associate with itself in

association such manner and for sueh purposes as may be
of persons .

with Board determined by regulations, any person whose

for particu- assistance or advice it may d~sire in performing
ar purposes . . . .

'                - ny_ of Its functwns under this Act:

###### Provided that the number of persons so asso-'

ciated shall not be more than four.

(2) The Board maY invite any person to offer

his views on any subject discussed at any meeting
###### of the Board.

(3) A person associat(:d with the Board under

sub-section (1) or invited for anY discussion under
sub-section (2) for any purposes shall have the
###### right to take part in the discussions of the Board relevant to that purpose, but shall not have the right to vote at a meeting of the Board.


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Appoint- 13. (1) The Board may from time to time, appoint
dlent and
tunccion of conimittees consisting of such number of persons as it may

committees. thing fit, for the ~urpose af -discharging such duties or per-
forming such .functions and on such terms and conditions
as may be prescribed by regulatiops.

(2) Tbe. Chairman, the Vice-Ghairman or such. other
Director as · the Chairman may nominate in this behalf ,hall

be . the preaident of -the committee ar:d tlie .committee. shall

ob~rve such rules of proce~re in regsrd to transaction of
business at its meeting!! a·s may · be prescribed by regulations. ·

(3) All proceedioJ!s of the committee shall be subject to
confirmation by the Board.

B Acts · of , 14. No act done or proceedings taken onder this Act

too~ inv~~ by the Board or any GomJDittr.e shall be invalidatt"d .merely
dated by on the ground-
informality .

or VacaD.cy. (a) of any vacancy or · defect in the comtitution of the

Board or the Committee ; or

{b) of any · defect or irregularity in; the appointment of
a -person acting as a Director · thereof or

. (c; 'or any defect or irregularity in such Act or procee-
ding not affecting . the merits of the c~se.

CHAPTER-V

                    - unctions and Powers of tile Board

Functions IS. The function of the Board · shall be the following
of th~: Board, namely:-

( I) The promotion and operation of schemes for-
(i) Supply of Water; .

(ii)" Sewerage;                               -

(iii) Sewage treatment and its disposal ;
{iv) Stor.m Water drainage • . ·

(2) FJJnctiona connected .with or incidental~ the functions
mentioned in clause ( 1 ). . . . '

(3) any other fu ::~ ctions entrusted to · the Board by the
State Government or a Local Authority: .
Provided that ibe Board shaH perform only such of the

above functions as are notified from time to tirne in the offi-
cial Gazrtte.

_Powu_ ofthe 16. (1) The Bo':lrd, shall, subject to th:: p.rovisiona of "this

Board. · Act, have power to do such things wbicb may be neceuaty_ o~

expedirnt ' for performing the function under this Aet.

( 2 WitbQut prejudice to the .gcnerali ty of the foregoing

provision, such power shall include the · power-

. , (i) to take over all the existing responsibilities~ powers;

controls, facilities, services and administration wi-
thin the utban areas to which this ~ct appl~cs,


-----

from the local b1dies h:tving jurbdicti(lll o~cr s\Jch areas rclatinJ
to water supply, sewerage and aewa~e disposal and to man•

,;hea 110 as t() provide the people of tb!)iC areal Whole lOme

Wi4tcf1 efficicllt ~ewerage anQ ltoJQl drainage 'SCfYicCI.

(ii) to ·extend, expand and develop the existing facilities

and _to_ provide, mail'!tain and operate facilities for aupply of
water and for providing sewerage and storm drainage ser-
vices in urban areas in con<~~ultation with the local bodies;

(iii) to establish, maintain and operate Iaborateries and.

experimental and resurch sLltioo;

(fv) to establish · in-1ervice traioiog course and provide

other training tor ita p(;rsonnel;

(v) to                - invcs,igate, plan and prepare schemes fllr water

supply, sewerage aad stortn drainage service:. in urban areai
in consultation .. itb .the heal au~horieies and c:;,\rry out their

execution;

                     - (vi) to regulate the drilling of tube-well~. public or pri-
vate and to control the drawal of undergreund water in
notifted urban areas;

\1'ii) to enter into contract· or arrangelilent with &ny

person a1 the Board mlly deem necessary for performing its

tunctioDa under thia Act;

(viii) to determiae ·levy and collect fees and chaPgcs

(ix) to borrow moaey, iuue debentures aai mana~~ its

owa fuads; and

(xl to incur CxpcDditure and to 1raat bans and advaoces

to such pcnoaa ar authoridCll as tiie Bolltd may dCCOl nece-
uary for performiag its functiGqs u~a:ier tbia Act ;

{xi) _to encrust execation and maintenance of w•rts_ to au y
local .authortty.            -

Power or the 17. (I) The Board may under,ake the eucut.i<)n or further

Hoard to execution of any :•cheme or· work of water .. .,ply, aewl!rago

undertake for 1torm drainage on behalf of any local body, central or
~:n ~ St:ate Gov~rnment · DepartmQlS, Salutory bodice. Pllblic or

tbe il}ltaoce Private undcrtatloa• etc., whoae wat•r supply, sewera,e aod
_of_ otherS. storm drainaie .-C:rvicea have not ve,ted in and atood trans-

ferred ro the Boa.rd under sub-section 11) of s,erion 1 I on

such terms and coaditiona u may be aKree:! upon between

1uch other party and the Boare~ ..


-----

(2) The Board for the purpose of removing any difficulty
particularly in relation to the proviaiena of the Act er aay

difliculty in respect of ·proper fun~ioning of the Board may
approach Sta~e Government· from time to time for such help as
deemed necessary fer 1 emoval of diflicultiea and difference.

CHAPTER VI

Vesting of Existing Water Supply and ~cwerage S:=rvices.

Tranafer 18. { 1) The State Gov3rnrnent m 1y, for pllblic purpoiei

of existing by notification in the official 01zette, declare in respect of

Scvicea

an:"' Urban ar~a tbat as from a date to bJ specili~d there ..

from L'lcal
Bodie• to in-
B~rd •• _l_

'1 (i) all the existing water supply and s~Nerage strvioes

sewage works and sewage firms, iocl11ding all plaah, machio.-
eries, water works, pumping statiom, filter beds, water mai11~
and public sewera io abng, ovor or under any public street,
and all building• and other works, materials, stores · and
things . appertaining thereto, beloagiog to or veste·d in any
local body and/or under execution and/or maintenance by
the State Public Health Engineering Organisatbn for and

on bch.alf of the local body concerned •

###### ..

(ii) So much of' the sub-soil appertaining to the said water

J:Dalas and sewen a' may be necessary for the purp:>se

of enlarging, deepening or oth~rwise repairing or maintai11lng
any such water mains and sewers or an} pipoa and oth~t

appliances and fittings cJnnected with sue\ ,w.1ter supply

aad seweraae services and sewage works and sewage firms~ and
.,.

{iii) All rights, liabilities and obligations relating 'o the

things mentioned in clause• (i) and (ii) including the rigbt to '
recover arrears of water taXI and sewerage _tax: and_ of any

cost or fees relating to .. water supply and sewerage services,
and also including liabilities arising from any loans a4vanced
by the State Government to any local body for the things

aforesaid otaer than loans diverted to or utiliaed for other

purposes shall vest in and stand transferred to the Board· and
be subject to ita control.             -


-----

TH~ ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 **41.-**

(2) Where ~ny doubt or dispute arises **as** to whether
any property, interest or asset bas vested in the Board un4eli
sub-section (l) or any rights, liabilities or oblig~tions have

become the righta, liabilities or obligations of the Board under
this section or under Section 19, auch doub• or dispute shall
be referred to tho State Government in connection with the
concerned departments wbo~e decision shall be final and bin-·
ding on the Bo21rd and tbe Local Body or the Public Health
Engineering Organisations as the case may be.

Board b[1]li? 19. All tiebts and obliaations incurred, all contracta entered
assume o      - . 1 d h. d b b . h
gations or mto, **a** I mdters an t tngs engage to e done y. Wlt or
1 ocal au tho: for any urban local body in reapcct of any of the .functions
rity in res- spc:cified in Section 15 btfore the appointed day, shall be
pee\ or bath deemed to have been incurred, entered into or engaged to

###### !hi: Xc~ a~~- be done by, _with. or. for the Boa!d, a~d ell suits or ~ther
lies. legal procefdtngs mstttuted or wbtcn mtgbt, but for the tssuo
of the notification under sub-section (1) of Section 18. have

been . iostituted by or agamst the Urban local body or Public
Health Engineering Organi~ation, may be continued or mstitu-
ted by or agaiast the Board.

CHAPTER VII

Transfer of Assets and Liabilities of the Public Health
Engineering Organisation and the Urban Local Bodies to
the Board ..

Transfer of 20. All the assets and liabilities ·af the Public Health

~ssb~tl~t . a ndf Engineering Organisation of the State Government and of
lithea . 1 1 Public tes o t b e U r ba n L oca I B o d" 1es m . re l • atton · to any ur b an ar~a.

Health Engi· except tbe assets and liabilities \\'hich the Government ma v

neeril?g . by ge·neral or special· order, specify in tbls behalf, shall

Orgadntsahtton subject to such d i:ections a:s they may specify in such order,
an t e . h d
Urban Local vest 1D t e boar      -

Bodies to

       - e Board.

21. ( t} The State Government may transfer to the

Transfer of
property Board any ·building, land or other property movable or immo-
to the "Yable, for tbe use cf, and management by the Board ou
Boa1d. auch conditions and subject, to such · limitations as may be

imposed by the Governtncnt.

_(21_ If any question anatl                     - to the g-rant of com-

pensation to the tlrban lotal bbdles conaequent ·upon

the taking ~er of their exi$ting water s!lppJy, aeweraac

services, sewage work and sewage fitms ut~der Section 18
then an amount not cxcecdina rupee one **aball** be payable.


-----

42 'l"IIE AS~A1\'I CAZETTE EXTRAORDINARY. JAN. 9, 1987

Transfer <'mployees. of 22. (1) Save as otherwise provide<:). in Section

8, pers(:ns who were either emr loyed in the Public
Health Engineering Org2.nisation of Government of
Assam cr l!nder a local body, exclusively in connection
with Urban Water supply or sewerage servicesor
sewage works or sewage firms, shall from the appointed
day (hereinafter iil this section referred to as the said
date), be transferred to the Board and they shall hold
their offices or services therein by the same terms at the
same remuneration, and upon the same other terms
and conditions and with · the same rights and pri-
vileges as to pension, gratuity and other matters as
they would have held the same on the said day
###### if this Act had not come into force or, as the
case may be the aforesaid water supply and se-
werage service, sewage works and sewage farms
had not been transferred to and vested in the
Board, and shall continue to do so until their
employment in the Board, is terminated or until their
remuneration or other terms conditions of services
are revised and altered by the Board under or in
pursuance of any by law or under any rule made
in this behalf under Sections 115, 116 of this Act .

.. :P1'gvided that a permanent employee of the State
Government, whose services have been transferred
to the Board, shall hqld lien under the State
Government and the period spent in the services
###### of the Board shall be reckoned for increment,
pension, and other terms and conditions of the
State Government rules in the event of his retur-
ning back to the State Government service.

(2) Every Officer or employee of the State
Government whose services have been transferred
to the Board, shall intimate the State Government
in writing within two years from the d~te of transfer
###### of his services to the Board.-

(i) that he may be permitted to retire from
service and ~thereupon he shall be per-
mitted to retire from Gcve.t.nment service
and he will be entitled to compensation·


-----

THE ASSAM GAZETTE. EXTRAORDINARY, JAN. _-9,_ 1987 43

pension, gratuity and any other bene-

fits p~rmissible to him to the maximum
possible limit under the rules, or

(ii) chat he should be absorbed substantively in
the service of the Board and then the Board
will absorb him substantively in service
###### and thereupon the services rondered by
him under tbe ·State Government shall
be treated as services rendered under
the Board and he shall be entitled to
have such rights cr to such similar
rights in the ~hanged situation ·with re-
gard· to remuneration, leave and pension
as -\vill not be less favourable to the
sen·ice conditions, agreements and rights
as he would have been entitled to be-
fore he was employed in the Board, or,

(iii) that he may be permitted to revert to the

             - <wernment service and he will be allowed
to do so on the same terms and conditions
as were applicable just before his services
were transferred to the Board and he
will be deemctd to have · remained always
in the Government service under the

-same terms and conditions.

(3) If any Officer or employee do not give
such intimation v.-ithin the above specified period
it will be deemed that he has opted for beinog
absorbed substantively in the service of the Board
under the terms and conditions specified by it.

(4) Notwithstanding anything contained in sub-

section (1), but subject to any express agreement
to the contrary, any person referred to therein,
other than a workman as defined in the Indua-

trial Disputes Act, 1947 (Act. XIV       - f 1947) who
becomes an employee of the Board shcill be liable
###### to be transferred from any establishment or under-
taking in which he was employed immediately
before the 'Said date to 'fny other · establishment or
undertaking belonging tO< the Board on the . same

# --


-----

44 THE A~SAM GAZETTE.- EXTRAORDINARY, JAN; 9, 1987.

remuneration and on the same · terms and condi-
tions as governed him, . immediately before such
transfer.

(S) If . any question arises as to whether anr

person was· exclusively employed in connection with
the aforesaid water supply and sewerage s·ervices

sewage works and sewage farms under a local body
immediately before the said date, it shall be de-
cided by the State Government and the · decision
###### of the State Government shall be final.

/(6) The sums standing to the credit of the

employees referred to 'in sub-section (1) in any
pension fund, provident · fund, gratuity fund or
other like fund constituted for them shall be trans-
fer:red by the. State Government or the local body
concerned, as the . case may be, to the Board along

with any accumulated interest due till the said
date and with the accounts _relating to such fund
###### and the Board shall to the exclusion of the State

Government and of any . local body, be liaole for
payment of pension, provident . fund gratuity or-

other like dues as may be payable to such emplo-
yees at the· appropriate time in accordance with
###### the conditions oftheir service. -

. (7) Notwithstanding anything contained in
the Industrial Disputes Act, 1947 (Act. XIV of 1947)
###### or. , in any other law for the time being in force
the transfer of any employee to the .Board under
sub-Section ( 1) shall not entitle any such employee-

to any compensation under that Act or such other
law and no such claim shall be entertained by . any
court, tribunal or authority~

(8) Eve.ry permanent or temporary employee of

the Public Health Engineering Organisation of the
State Government or of a local body becoming . an
employee of the Board under sub-section (1} shall,.

                        - on and from the said date, be a permanent or
temporary employee of the Board, · as the . case may
be, against a permanent or temporary post, which
shall stand created in the establishment of the
Board with effect from the said date. ·

_(_


-----

THE ASSA 'M GAZETTE. EX'.rRAOTIDTN;\ RY. JAN. 9, 1987 45

(9) Any employee referred to in the proviso
to sub-section (I) shall be deemed to have conti-
nued to be in the service of the State Gover nment
or the local body concerned, a11 the case may be,
between the said date and the date of abolition
###### of the posts under sub-section (2) but the State
Government or the .local body, as the case may be, .
shall be entitled to reimbursement of the remunera- '

tion paid by it to such employee for that period
and also of the compensation referred to in the
second proviso to that sub-section.

           - CHAPTER VIII

###### PROPERTY CONTRACT FINANCE ACCOUNT

AND AUDIT

Po~er to d 23. ( 1) Every contract , or assurance . of property
1

aE~~~:ti~~ on behalf of the Board shall be in writing and executed

.•ndt. by such authority and in such manner as may be
'R. eg~ttra loa d     - d b h .B d

of contracts etermme y t e oar .
etc.
(2) Notwithstanding ·anything contained in the
###### Indian Registration Act, 1908 (Act, XIV of 1908)it
shall not be necessary for the Secretary or any other
Officer of the Board authorise· to execute on behalf
###### or the Board any agrt.:ement or other instrument to
appear in person or by agent at any . registration
office in any proceedings connected with the registra-
tion of any such . agreement or instrument or to sign·

as · provided in Section 58 of that Act:        -

Provided that the Registering Officer to . whom
such instrument is presented may, if he thinks fit,
refer to the Secretary or such other officer for in-
###### formation regarding the same and shall, on being
satisfied of the execution thereof, register the

instrument~

Board'•
Fund. . 24. (1) The Board shaH have its own fund
which shall be deemed 10 be a local fund and to
which shall be credited all moneys received by or
###### on behalf of the Board.


-----

THE ASSA 'M GAZETTE. EX'.rRAOTIDTN;\ RY. JAN. 9, 1987 45

(9) Any employee referred to in the proviso
to sub-section (I) shall be deemed to have conti-
nued to be in the service of the State Gover nment
or the local body concerned, a11 the case may be,
between the said date and the date of abolition
###### of the posts under sub-section (2) but the State
Government or the .local body, as the case may be, .
shall be entitled to reimbursement of the remunera- '

tion paid by it to such employee for that period
and also of the compensation referred to in the
second proviso to that sub-section.

           - CHAPTER VIII

###### PROPERTY CONTRACT FINANCE ACCOUNT

AND AUDIT

Po~er to d 23. ( 1) Every contract , or assurance . of property
1

aE~~~:ti~~ on behalf of the Board shall be in writing and executed

.•ndt. by such authority and in such manner as may be
'R. eg~ttra loa d     - d b h .B d

of contracts etermme y t e oar .
etc.
(2) Notwithstanding ·anything contained in the
###### Indian Registration Act, 1908 (Act, XIV of 1908)it
shall not be necessary for the Secretary or any other
Officer of the Board authorise· to execute on behalf
###### or the Board any agrt.:ement or other instrument to
appear in person or by agent at any . registration
office in any proceedings connected with the registra-
tion of any such . agreement or instrument or to sign·

as · provided in Section 58 of that Act:        -

Provided that the Registering Officer to . whom
such instrument is presented may, if he thinks fit,
refer to the Secretary or such other officer for in-
###### formation regarding the same and shall, on being
satisfied of the execution thereof, register the

instrument~

Board'•
Fund. . 24. (1) The Board shaH have its own fund
which shall be deemed 10 be a local fund and to
which shall be credited all moneys received by or
###### on behalf of the Board.


-----

46 TI1E ASSAM GAZETTE. EXTRl\ORDtNARY, JAN: 9, I-9S7

(2) The Budgetary p·rovisions hitherto being
###### made in the State Budget in the Public l~ealth
 Engineering Organisation, Urban Development Department such as Municipal Administration Department and Town and Country ·. Planning
 Department for construction and maintenance of Urban Water Supply, Sewerage. and Drainage, shall . continue to be · provided in the budget for the . current firiancial year and the amounts of these provisions as may be considered necessary by the· State Government shall be transferred to the Board's fund on such terms and conditions as
 may· be decided by the State Goverpment. ·

(3)                    - he expenditure on the Board· will be
###### debited to a new sub-head of Account "Water Supply and Sewerage Board'' to be opened under ''284 ·Urban Development-a General ( 1) B-Other
 State Plan Schemes and. Non-Plan I-A Direction

a~d . Administration ~.:..._General             - ;\~rilin~straiton (a)

###### Directorate of Mumctpa-1 Admm1strat10n" by the Government. ·

(4) EXtCept as otherwise directed by the State

~Government,         - all moneys belonging to the Board's
###### fund shall . be deposited either in the State Bank of India or in such other Scheduled . :aank, or invested in suc.h securities, as may be approved by the State Government. · ·

-~nest.(j~~~'d- 25· ( 1) Save as ~here in the opinion of the Board ·

geted Ex- circumstances of extreme urgericy have arisen, no

penditure. · sum exceeding five lakh's of rupees on account of
###### recurring expenditure or exceeding fifteen lakhs of

rupee~ on account of non-recurring expenditure
###### shall })e spent by the Boa~d in, an~ financial year unless such sum has "!Jeen mcluded m a statement submitted under sub-section (1) of Section 39.

 (2) Where any such sum in spent in drum-
 stances of extreme urgency a report thereon, in- 4icating the source . from which · it is proposed to meet . the . expenditure shall be made as soon as
 practicable to the Government,


-----

THF !\.SSAivi GAZETTE, EXTRAORDINARY, **JAR 9,** 1987 47

~ne~a} 26. ( 1) The Board shall, as far as practicable, carry

t":nli~a~~·s ·on its operations under this Act on sound Commer-
Finance. Gial principles, or ''No-profit nu-loss basis" and shall
adjust its rates of charges accordingly:

. Prc.vided that where necessary ·any amount due
for meeting the operating, maintenar.ce and mana-
ge111ent expenses of the Board for purposes of clause
(i) and (ii) of Section 32 may, • to ~;uch extent as
may be sanctioned by the State Government, be
paid out of the Board's fund.

(2) The taxes, fees and charges authorised to
be imposed under this Act shall · be sufficient to
enable the Board to . cover the follov;ing :

( i) operating expenses,

(ii) maintenance,

(iii) taxes payable by the Board,

(iv) depreciation,

(v) interest repayment,

(vi) amounts required for the repayment of long-

term loan to the extent that such repay-·
ments shall exceed the provision for de-
preciation, and

(vii) adequate allocation to . reserves.

Subventions 27. The State Government may from time to
to the
Board. time make subventions to the Board for the pur"

          - oses of this Act on such terms           - nd condition

as . the State Government may determine.

Loans to 28. The State Government may from time to
the Board.

time advance loans to the Board on such terms
and. conditions ·not inconsistent with the provisions
###### of this Act as the State Government may determine.


-----

48 THE ASSAM GAZETTE. EXTRAORDINARY. **JAN.** 9, 1987

Pewer o.f ' 29. Sui?ject · to the prQvisions of this Act and

      - he Board
to borrow the rules made thereun~er and· subject to such con-
and lend. ditions as · may be specified by the Government by

a general or special I order issued in this behalf, the
Board may, from tir'ne to time, borrow money re-
quired for the purposes of this Act in any one or
more of the manners specified below, under Local
Authorities Loans Act, . 1914 (Central Act IX of
###### 1914)-.

(ij raisi::g- of loans from Bank or other finan-

. · cial institutions or the Life Insurance C•)r-

poration established under Section 3 . of
the Life Insurance Corporation Act, 1956
(Central Act 31 of 1956); or

(ii) raising loans from any Corporation owned

or controlled by the Centr-al cr .. Stafe Go-
vernment ; or

(iii) raising loans from the public by issue of

bonds, or debentures or stocks or other-

wise in the form and manner approved by

the Government.

Gua.rantee
by the 30. The Government may guarantee m such
Governmel)t manner as they think fit, the payment of the prin-
of Loans. cipal and interest of a:ny loan proposed to be raised
by the Board in regard to the investigation, pre-
paratioFJ or· execution of schemes made under this.
Act.          -

F.?rm, 31. (1) Whenever money is borrowed by the Board

~~:~~~: on debentures, the debentures shall be in~. such

Traufer.and form as the Board may, with the . previous sanction

~fb~~tu~es. of the State Gove'rnment specify.      -

(2) All debentures shall be signed by the
Managing Director or Secretary or by any one
###### of the Official Directors of the . Board.

(3) The holder of any debenture in any form
specified under sub-section (1) may obtain in exchange ·

therefor a debenture ·in any other form specified
in the ma~ner provided in sub-section ( 1) and upon
such teril'ls as the Board may determine· ·


-----

. (4) Every debenture issued by the Board shall
be transferable by endorsement, unless some . other
mode . of transfer is specified therein .

. (5) All coupons attached to the debenture's issued

b~ the Board shall bear the signature. of the Managing·

Director and such signature may be              - engraved,

.lith.ographed . or impressed by any mechanical

proc~ss.

'.

Priorities Liabilities of of . · 32 . ~ · Th • e . reve~ue . o f t h B e oar d' hall . s , a ter meetmg f .

tho Board. the operatmg, mamtenance and management expenses,

                  - be applied as far as they are ·available, in the
following order, namely :-

(i) the repayment of principal and interest rin

bonds ~in respect Qf which no guarantee
hCJ.s been given by the State Government ;

(ii) the repayment of principal and interest
on .stock not so guaranteed;

(iii) credits. to depreciation reserve under
Section 33 ;
###### .
(iv) . the repayment of principal and interest
on bonds guaranteed by the State Govern-

. ment;

(v) . the repayment of principal and interest

                          - on stock so guarante~d ;

(vi) the repayment of principal and interest. · on
sums paid by the State Government under
guarcJ.ntees ;

(vii) the repayment of principal and interest on
loans advanced to the Board under Section
28, including arrears of such interest ;

(viii)' the written down amounts paid from
capital ~n de r the proviso to Section 26 ;

(iK)                  - he written down amO.unts in respect of
tangible assets to the extent to which they


-----

are actually appropriated in any year fOr
the purposes in the books of the Board ;

(x) the contribution to general reserve of ~ an

amount not exceeding one per. cent per
annum of the original cost of fixed assets
employed by t4e Board ; however, that

_the total standing tq the credit of such
reserve, shall not exce~d eight per cent or
the original cost of such fixed assets .;

(xi) the reduction of rates of taxes and charges
under this Act or for any of the functions
of the Board, as the Board may think fit.

Oepreciation 33. (l) The Board shall create a depreciation
Reserve. reserve and as -far as in compliance with the pro-
visions of Section 32 makes it practicable, shall at
the end of every financial year, credit to such re-
serve from its revenue, such amounts in respect of
each of its assets as would, if made annually thro-

ughout ·the period relative to that asset specified
in the schedule and accumulated at compound in-
terest at the rate offour per cent per annum, produced c;-

by the end of the said period an amount equal
to ninety five _ger cent of the original cost of that
asset·

                    - (2) The amount to be credited . every year to
the depreciation reserve shall consist of the deposit
under sub-:-section ( 1) plus interest on the accumu-

lated balance in the reserve.

(3) The contribution in 'respect of any asset
to the depreciation reserve under this section shall
cease at the end of the sa:id period· or where the
asset ceases to be used by the Board, whichever
is earlier.

(4) ,If in any finan cial year it is not practicable

fully to comply with the provisions of sub-section
(.I), the amount by which the sums actually eredited
falls short of the amount required ·under that sub-
section ··in respect of that year shall be carried forward
and together with the compound .interest thereon

###### l_LI ======================~==============~~---


-----

Tim ASSAM GAZETTE. E~T~ORDINARY, . JAN. 9, 1987 II

###### at the aforsaid rates · shall be credited (o· the said
reserve as soon as it is fo1uid possible in a~cordance

with Section · 32 so to do.

.... Estimate of 34. ( 1) The Chairman shall at a specia.I mee-
Incomeand . . , f F .

E~penditure tmg held m the month o ebru<~;tY m each year,
ot the Boa~d lay before the Board an estimate of the income
to be la1d      -

annl!llnY· and and expenditure of the Board for the ne:X;t financial

CODSJ<fered .

before the year.
Board • .

(2) Every such estimate shall make proVISIOD

for the due fulfilment of ~11 the liabilities of the
Board, and for· the ef§cient Administration of_         - he

Act.          -

. (3) £very . ·such estimate shall differentiate

. Capital and · revenue. funds and s11all be prepared
in such forms and · shall contain such det· ils, as
the Board may, from time to time,. specify.

(4) Every such estimate shall .be compiled
and . a copy tliereof sent, by p,pst or . otherwise;
to each Director at least 10 clear days before the
date of the meeting at which the estimate is to
be laid before the Board.        -

(5) A revised estimate, if any including all
the expenditure not covered in the original bud,et
estimate shall be laid before . the Board at a spe-

cial meeting to be held in the month of December~

          - n each year.

(6) . The Board shaH consider every estimate so
laid before it and shall sanction the same, either
without modification or with such modifications as
it may think _ fit.

Approval of 35. (1) Every such esdmate, as sanctioned by the

~o~:ti:.~~:. Board, shall be submitted t? the .State Government
who may·, at any 'time withtn three mo.nths after
receipt of the · same:

(i) approve the estimate, or


-----

52 THE AS:iAM CA~ETTE EXTRAORDINARY. JAN. 9, 1981.

(ii) disallow the estimate or any portion thereof,
and return the estimate to the Board **for**
amendment.

(2) If any estimate is so returned to the Board,
###### it shall forthwith proceed to amend it and re-
submit the estimate as amended to the State
Government who may then approve it.

Supplemen- 36. (1) The Board may, at any time, during

tary estimat~.

the year for which any estimate has been sanctioned,
cause a supplementary estimate to be prepared and

la~d before it at a special meeting.

(2) The provj•dons of sub-secdons (3), (4) and (6)
of Section 34 and of Section 35 shall apply to every
supplementary estimate.

Repayment 37. Every loan taken by the Boars shall be
of Loans by

ehe Board. repaid by the Board within the period agreed upon

by the Board by such of the following methods as
may be approved by the ~tate Government, namely:-

(i) by payment from a sinking fund established
under Section 38 in respect of the loan;

(ii) by payment in equal yearly or half-yearly
instalments of principal or of principal and
interest, throughout the said period;

(iii) by payment from money borrowed for the
purpose.

(iv) by payment partly from the [sinking fund
established under Section 38 in respect of the
loan and parlly fi·orn money borrowed f01.·

the purpose ; or

(v) by payment from any other source, with

tlw prior permi~si<'n of ,. , "tate Government.


-----

TIIE ASSAM GAZETTE. EXTRAORDINARY, JAN. **_9._** 1987 53

Estahlisb- 38. The Board may constitute a sinking Fund

DICDt and          - .          -          - '
Maintenance a depreciatiOn rcs~::vc tund and a devek;pment fund
or d Sin:ng 1 in such manner and in such form as may be

}~nds~ er prescribed by rules or bye-laws. The mcneys of

such funds shall be invested in such manner as

~ may be determined by the Board with the approval ·
of the Government.

~r~~a~t!~;. 39. (I) The Board shall, as soon as ~ay be
tics andRe-- after the . end of e?.ch year, prepare and subm!t to the ·

turn•. Str-.te Government before such date ~md in such
form as may be prescribed, a report g:ving an acc-
ount of its c.ctiv.i6r:.s during the previous year and
the report shall also give an account of the · activi·
ties, if c:my, which are likely to be undertaken by
the Boz.rd in the next year, and the Gcvcrnment
shall cause every such report to be laid before the
State Legis) a ture as &con            - s may h~ after it is re-
ceived by the Government.

(2) The Board shall fur1;1ish to                 - the Government
###### at such times and in such form and manner
as may be presc.ribed or as the State

Government may direct such str.tistics z.nd

returns and such particulars in reg-ard to any pro-
posed or existing schemes as the Government may
from time to ti~ e require.

~ccA~J~t. 40. (1) The accounts of the Board shall be main-
tained in such manner and in such form as may **be**
prescribed.

The Board shall prepare an annual statement
of accounts in such form as may be prescrib~d.

(2) The accounts of the Board shall be audited
either by the Examiner of Local Accounts or by
such Audit authority as the State Government may
direct.             -

(3) The auditor shall, in connection with such
audit have such rights, privileges and authority as
may be prescribed **and** in particular, the right to


-----

d~mand the production· of books, accounts, connected

vouchers and other documents :lnd to inspect any
of the offic.-..') of the Board.

(4) The Secret~ry shall cause the rep~rt of the

audi~or to be pnnted and forward a prmted copy
thereof to each Director and shall bring such report

before the Board for consideration at its next
meetir.g.

(5} The Board shall remedy, forthwith, any

defects or irregularities that may be pointed out by
the auditor and submit a report thereon to the
Government.

Remunera- 41. The Board shall pay to the said auditor such

Auditor. tion of remuneration as the Government may direct.

A~u~~s 42· The accounts of the Board as certified by

Rn~~or~ ~~t be the auditor, together with the audit report, thereon,

forwardt:d to shall be forwarded annually to the Government
the Govern- d 1 G . . h .            -
ment. an tne -overnment may Issue sue mst!'uctiOns to
the Board in respect thereof as they deem fit and
the Board shall comply wlth such instructions,

~~IT~r ~'J:r 43. If in the opinion of t?e B?ard, al?-y am~unt

irrec">verable under a contract or otherw1se, IS considered Irre-
amount. covetable, the Board may refer the matter reco-
mmending writing qff such arriount to the State
Govern me:;1t. If the State Government, after going

through the papers and the recommendations so
made hy the Board, is of the opiniori that such
amount cannot be recovered, it may approve the
writing off of such amount.

Imposition 44. ( 1) In . addition to the charges and fees
cf Taxes,
Fees and authorised elsewhere in this Act, the Board may

Charges, impose any one or more· of the following charges

and taxes, namely :-

(a) a water-charge based on consumption,
subject to a minimum charge, which may be at

different rates for water supplied for different pur-
poses, 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 valua-
tion of all lands and buildings within the urban
area which shall not exceed :--

(i) _5_ per cent, on the annual valuation-where
the annual valuation does not exceed one
thousand rupees ;

(ii) 7-~ per cE..nt, on the annual valuation-where

the annual valuation exceeds one thousand
rupees, but does not exceed five thousand

rq :·ces ;

(iii) 10 per cent, on the annual valuation-where

the annual valuatic n exceeds five thou~
sand rupees but not exceed ten thousand
mr.ees ;

(iv) 15 per cent, on the annual valuaticn-where
the annual valuation exceeds ten thousand
rupees.

(2) . The rates of water-charge, surcharge and
tax referred to in. sub-section ( 1) shaH be fixed
annually and shall be notified to the public in such
manner as may be prov idcd by regulations.

Amount of

Tall, how to 45. (1) For the pur pose of assessment of tax
be lixed. referred to in su b-scction ( 1) of Section 44, the
annual value shall be,-

(a) in respect of any land or building lying
within the jmi ~ d i ctic·n 0f a Municipal Corporation,
###### or Municipal Board or Town Ccmmittce, the annual
value as assessed by or for such Corporation, Muni-
cipality or Town Committee and pre;vailing 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 ~ross 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 es-
timated present value of such land, and

(ii) in the case of such . buildings, 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 assessment less a reasonable amount to be de-
ducted on account of depreciation, if any, to the
estimated present market value of the land with
the building as part of the same premises.

Det~rmi- 46. The annual value under clause (b) of

:~~~~ v~ue sub-section (1) of Section 45 shall be determined

of aoy I~nd by the Managing Director or such other officer or
or not butldmg within o cers ffi aut h . d b onse y h. 1m xn • th' IS b h If e a , In sue . h
a Municipal manner ·as may be prescribed. Such determination
area. of annual value shall be final subjec~ to appeal
as hereinunder provided.

Locat and 47. All street hydrants including fire hydrants,

P~~tic Autho- if any, within the jurisdiction of any local or pub-

for nues supply to pay 1' IC aut h · ortty an d a 11 p aces o public resort 1 f                   - un d er
of water. 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 48.


-----

TH~ A~SAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 57

calculation 48. (I) For calculating the amount payable by
_o(_ c:harges h . !'.        - r·
for Water t e owner of any premises ,or consumption o

Supply. water, the Board may determine the quantity
consumed on the basis of readings recorded by a
meter attached to the premises.

(2) Until meters can be. attached to any pre-

mises, the Board may, in such . manner as may
be provided by regulations, determine the average
consumption of water on the basis of the pressure
###### of water supply, the number and ~ize of water
taps and the size of ferrules, if any. used in the
premises, and TiJay determine the amount payable
on the basis of ~uch average consumption.

(3) For calculating the amount payable by a
local or public authority for consumption ofwater,

(i) in any place of public resort~ the quan-

tity of water consumed may be determined

in th~ manner specified in su b-slctions (I)

. and (2), and

(ii) tr.rough street hydrants and fire hydrants
within its jurisdiction, the quantity of water

consumed may, in such mann~r as may be
provided by regulations, be determined by
the Board on the hasis cf the number of

such hydrants, the prefsurc of wr.ter ~upply
and tl>e cliame~er ~md size of pipes and

fit!ings connecting the hydrants with the
mains of the Board.

_( 4)_ Meters shall be installed and owned by
the Board and cost thereof shall be raid cut of
the fund of the Beard :          -

Provided, however, that tl:e Beard may r(alise
for the meters such charg,~s as it may from time

###### te 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 occu-
pier and a separate water supply connection stands
in his name.

_('-_


-----

_58_ THF. AS~AM CAZET.TE EXTRAORDINARY. JAN. 9, 1987

Charge for 49. If the owner of any premises having inde-

service 8ewerage only pen d ent source 0 f waxer . SUpply , IS . a 11 Owe· db y th . e
in certain Board to t~ke sewen>.f;e service only, he shall be
cases. liable to pay for such service such amount as would
be payable as surcharge calculated on the basis
###### of . water consumed from his independent source,

          - he sarrie being deemed to be water supplied by the
Board. 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 :

Provided that no such amount sh~ll be pay-
able by ·the owner of · any premises, solely used
for residential purpose, having not more than one
tube well of . diameter not exceeding, four centime-
ters or one ring-well as independent source of water
supply, if specifically exempted by the Board.

Presumption 50. The readings of meters indicating the quan-

~~ct~1e~~r~r tity of consumption of water shall be presumed to
meters. be correct unless the contrary is proved.

Requisit~on 51. ( 1) Subject to the previous approval of the
of Scrv1ces S G h B d          - 1 1
or Local · tate overnment, t e oar may reqmre a oca

Authorihe~ authority to perform specified functions on behalf
for Certam f h d • . . h h 11 . f
purposes. o t e Boar In connection Wlt t e co ect10n o .

taxes, charges, surcharges or fees 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 . Board, the
time and manner of payment to the Board 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 pre~cribed.            -

_(3)_ For the purpose of fac~litating and enforcing.

collections by the local authority under this section
the Board or the · Managing Director, as tl1~

case may b~, may delegate to the local authority
###### or any of Its officers all or any of the powers.

 (


-----

't'fTE ASSAM GAZETTE. EXTRAORDINARY. JAN. _9,_ 1987 59

granted in this behalf in this Act or in the

re~lations to the Board or the Managing Director,
and in such event the relevant provision of this
Act or the regulations shall apply nmtatis mutandis
to the local authority and its officers.

::~~~:on 52. (1) The Board shall by regulations specify the
## .

feeso and time, place and manner of payment of the taxes

recovery chargeS and of fi ees, ch arges an d sure arges h paya bl e unc.er -1 th' 1s A ct.

arrears

thereof.

(2) Interest at 6 per cent 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 services

') rendered by the Board together with interest, if

any, payable thereo:1 shall, subject to the prior
payment of land-revenue, if any, due to the .

Government thereon and of Municipal rates, if any,
due to any Municipal Corporation, Municipal
Board or Town Committee, as the case may be,
be a first charge on the land and buildings,
comprised in the premises, and upon the movable
property, if any, found within such premises and
belonging to the said person.

(4) (i) If any local or public authority fails

to pay the taxes, fees, charges and
surcharges or any interest thereon due
from it for a period of six months,
the Board may approach the State
Government for taking necessary steps
for recovery of the same and the State
Governmen-t may then attach the fund
or any portion thereof belonging to
such local or public authority.

(ii) After attachment, no persqn except an

Officer appointed in this behalf by the


-----

State Government shall in any way
deal with the attached . fund or portion
thereof but such officer may, do all Acts
in respect thereof which any such local
or public authority or Officer or employee
thereof might have done if such attach-
ment had not taken place and rt.lay
apply the proceeds in satisfaction of the
arrears and of all interest due in respect
thereof and of all expenses caused by the
attachment and subsequent proceeding :

Provided that no such attachment shall defect
or prejudice any debt for which the fund attached
was previously charged in accordance with law
hut all such prior chaFges shall be 9aid out of
the proceeds of the fund before any part of the
proceeds is applied to the satisfection of the debt
due to the Board.

CHAPTER IX

WATER SUPPLY

~oar~d to 53. (1) The Board shall provide supply of water

pi;~} !!fet;.throughout the urban area for domestic, commercial,
industrial, recreational and other private or public
purposes in accordance with such public health
standards as may be prescribed, and the Board may
regulate · the hours, quantity and pressure of such
supply .

. (2) The supply of water under sub-section (1)

            - hall include supply, free of charge, of water for
demestic purposes through public stand-posts for
which the Board may erect such stand posts at
such convenient places as it may consider necessary.


-----

THE ASSAl'v! GAZETTE. EXTRAORDINARY. JAN. 9, 1987 _61_

The Board shall also, until such time as it may

con~ider necessary, continue to maintain the existing
hand-operated public tube-wells and ring-wells be-
longing to a local body and vested in . it . under
Section 18.

(3) The Board sHall not be liable to .· pay any
penalty or damages for failure to supply water either
due to accident or other unavoidable cause or due
to necessary repairs, replacements, extensions or
other works connected with such supply.

Regula~~on 54. All connections of premises, street hydrants

:~~~~:i;ns including fire hydrants and· places of pu.blic re~ort

for supply to the mains of the Board for the supply of water
ofwater. therein ·and all pipes, taps, and other fittings used
###### for such supply shall be made, maintained . and
regulated in accordance with; and subject to, such

_";;;_ regulations as may be made. The Board may

charge such connection and re-connection fees as may
be provided by regulations.

Pov;ehr to di- 55. When any premises are without supply of
rect t e Ow· h M . D. b . .
nerto obtain water t e anagmg uector may · y wntten notice

~upp1 and require the owner of such premises to obtain such

p~~es, ~~~ra_supp]y and for that purpose provide at the cost of
nts, e.tc. in such ow~er such pipes, hydrants, stand-posts and
certain ca~es. h fit . d t . h tl k th
###### ot er tmgs an execu e sue o 1er wor s as e
Managing Director may decide :

Provided that-

. (a) the cost of executing the said works beyond
seventy metres from the premises shall be
paid out of the fund of the Board ; and

(b) if the Managing Director is satisfied that
the owner . is unable to bear the whole or
any part of the cost of even such· portion
###### of the said works as is within


-----

seventy metres from the premises, he may, with
the approval of the Board; .direct that the whole

')f such part of the cost be paid from the fund of
the Board.

P~ohibition 56. No person shall use water except as autho-

rised o. unautho-use of fl~e • d b y t h .IS · A Ct ,_ or regu 1 atiOllS rna e t ereunder. d h
water.

Prohibition 57. (1) No owner or occupier of any premises
of wastage _w_ which water is supplied by the Board
of water
and keeping shall negligently or otherwise suffer such
in pipes, order taps water to be wasted or shall suffer pipes,

etc. taps, works and fittings for the supply

###### of water to remain cut c f repair s·o as to
cause wastage of water.

(2) No person shall cause wastage of water
by the misuse of public stand-posts,
pipe.:;, drit:J.king fountains or hydrants.

Prevention 58. (1)          - henever the r.Aar:.aging Director has
of of water in wastage reason to believe that as a result of
premises. defects in pipes: taps or fittings con-

nected '.vitb water-supply, the water
supply to any premises is being wasted,
he may, by written notice, require the
Owner of the premises, within such
period as may be specified in the notice,
to repair and rr:ake good the defects.

(2) If the repairs are not effected within

the time specified in the said notice
the JV[anaging Director may cause such
repairs to be made in order to stop
wastage. The cost of such repairs shall
be recovered from the Owner of the
premises as an arrear of water charge.

Permission 59. No tube-well shall be sunk in any urban
of ~o:rd area except in accordance with such regulations as

~u:-weils. may be made and without obtaining previous per-
mission of th~ Managing Director in writing. The
Managing Director may grant such permission
subject to such further conditions as he may deem
fit or may refuse to grant permission.


-----

the Power to 60. (I) Notwithstanding anything contained in
Managing this chapter, the Managing Director
Director
to cut off or may cut off the connection between
turn off any water works of the Board and any
supply of
water to premises to which water is supplied
premises. from such ''orks or may turn off such

supply, in any of the following cases,
###### namely-

(a) if the premises ·are unoccupied ;

(b) if after receipt of written notice from

the Managing Director requiring him
to refrain from so doing, the owner
or occupier of the premises continues

to use water or to permit the same
to be used in contravention of this ·
Act or any regulation made thereunder;

(c) if the owner or occupier refuse& to
admit any officer or employee of the
Board duly authorised in that behalf
into the premises for the purpose of
making any inspection relating to water

supply, or prevents such officer or
employee from making such inspection;

(d) if the owner or occupier of the premises

wilfu1ly or negligently injures or dama-

ges the meter or any pipe or tap
conveying water from any works of the
Board;

(e) if any pipe, works or fittings connected

with the supply of water to the

premises be found on examination to
be out of repair to such an extent as

to cause such wastage of water
that immediate prevention is necessary;

(f) if by reason of a · leak in the service
pipe or fitting, damage is caused to a
public street and immediate prevention
is necessary ; or


-----

64 THE ASSAM GAZETTE. EXTRAORDINARY. lAN. 9, 1937

(g) if there is· any water-pipe situated within
the premises to which _: o_ tap or           - other efficient
means of turning the water off is attached:

Provided that, except in the case where ~y

reason of any of the circumstances . referred to m
clauses (d) to (g) there is risk vf contamination
###### of water, the Managing Director shall p.ot cut off

such connection or turn off such . supply unless
notice of not less than twenty four hours has been
given to the owner or the occupier of the premises.
as the case may be.              -

(2) No action taken under or in pursuance of this
section shall relieve any person from any penalties
or liabilities which he may otherwiae have incurred.
(3) The expense of cutting off the connection
or of turning 0ff the water and of restoring the
same as determined by the Managing 'Directc.r in
any case referred to in sub-section 0) . shall be paid ·

by the owner or occupier of the premises :          -

Provided that no charge for such expense shall
be made in the case mentioned in clause (a) of
the said sub-section.

l..:&Ying of 61. When it is necessary to bring water into

=ru~lon the urban area from any place outside it, the Board
of aqueducts may, if required, construct dams, reservoirs or other

~~~· !=i:~d facilities outside the urban area, and may lay pipes-
IU'!lll for or construct aqueducts and in so doing may exer-

~;:.n~~! i~a·cise, throughout the line· of country outtide the
urban area through whi<:h such pipes or aqueducts
are to             - un, all the powers which it might exer-
cise under this Act ·or any regulation made there-
under if the said pipet or aqueducts were to run
within. the urban area.

Power of the. 62. When the Board has taken over the water-
###### ~ ov!~1 supply service in any area under Seeton 18 or is

other water in a positicn to supply water in any -area where

=~1Y sys- there is no such water supply service, . the Boa~d

may, after serving at least three months notice m

such manner as may be provided by regulations

. take over any independent water-supply system in

###### the area belonging to-


-----

(a) the State Go~crnment, on such terms and

conditions c.s the State Government may determine,
and

(b) any person,. 'firm, Corporation or other or-
ganisation, on payment of compensation calculated

###### 0n the basis of the market value . on the date of

service of the notice ·of all the properties connected
with such system.

CHAPTER X

###### .DRAINAGE AND SEWERA.GE

~:c' J;aF . 63. ( 1) The Board shall co~struct and . maintain

nage .. and          - rams and sewers · and provtde a safe and sufficient

Se~er~e
11 [outfall, ] [in ] [o·r outside ] [the ] [urban ][area, for effectual ]
an ou a · drainage and proper discharge of storm water and
sewage of the· urban area.

(2) .'If the outfall deteriorates by the decay of

existing rivtr channel or otherwise, the State Gt•Vern-

ment may require the B0ard to take at its · cost
such action as may be necessary tt• ensure a safe;
and sufficient outfall.

Power of the 64 · Power of the Board under section 6] shall.

Boar~ to       - I
improve, dm-InC ude the pt_,w(;r to.-

Conti"~~~ dra-
ias, etc. ! .

(a) enlarge, arch-over cr otherwise improve any

###### of its drains, . cr

            - (b) discontinue, .close up cr destroy any c•f its

drains which' has in its cpinien bec<          - cs usekss (r
unnecess2.ry, c-r

(c) ccnstruct . [l.ily new drain in the pbc ~ .; r.

an existing drain in any land whetlin · any of its
dmin•· has alre?..dy been lawfully ccnstructcd, or
repair . or alter any . drain so constructed :


-----

(a) the State Go~crnment, on such terms and

conditions c.s the State Government may determine,
and

(b) any person,. 'firm, Corporation or other or-
ganisation, on payment of compensation calculated

###### 0n the basis of the market value . on the date of

service of the notice ·of all the properties connected
with such system.

CHAPTER X

###### .DRAINAGE AND SEWERA.GE

~:c' J;aF . 63. ( 1) The Board shall co~struct and . maintain

nage .. and          - rams and sewers · and provtde a safe and sufficient

Se~er~e
11 [outfall, ] [in ] [o·r outside ] [the ] [urban ][area, for effectual ]
an ou a · drainage and proper discharge of storm water and
sewage of the· urban area.

(2) .'If the outfall deteriorates by the decay of

existing rivtr channel or otherwise, the State Gt•Vern-

ment may require the B0ard to take at its · cost
such action as may be necessary tt• ensure a safe;
and sufficient outfall.

Power of the 64 · Power of the Board under section 6] shall.

Boar~ to       - I
improve, dm-InC ude the pt_,w(;r to.-

Conti"~~~ dra-
ias, etc. ! .

(a) enlarge, arch-over cr otherwise improve any

###### of its drains, . cr

            - (b) discontinue, .close up cr destroy any c•f its

drains which' has in its cpinien bec<          - cs usekss (r
unnecess2.ry, c-r

(c) ccnstruct . [l.ily new drain in the pbc ~ .; r.

an existing drain in any land whetlin · any of its
dmin•· has alre?..dy been lawfully ccnstructcd, or
repair . or alter any . drain so constructed :


-----

_66_ . THE ASSAM GAZETTE. EXTRAOR.DTNARY, JAN. 9, 1987

Provided that-

(i) if, In the exercise cf any r:f its r.owers con-·

ferrcd by this secticn, it is propo~ed to
demolish any r.cuse-dmin, a written notice
shall be served upon the owner of such
drain ; <'.nd .

(ii) if by reason cf anything done under this
section, any person is deprived of the law-
ful use of any drain, . the Board shall as

socn as p<,ssible, provide for his use some
other drain as effectual as one which has

been demolished, closed up < r destroyed·

~'J o~othe f 65f:. {1) Wh~reh. it isfnecessary for the purpose

carry its dfa- o out all or dtsc arge <\ sewage to carry any dra-
inah bebyond . in cf the Board outside the urban area,· the Board
t e ur an d                -
area for spe- may 0 so--

cific purpose.

(i) thrc.ugh, across or under any street or any
place laid out as or intended for street,
and
(ii) after giving reasonable notice in writing to
the owner and occupier, into. through or
under any land whatsoever or under any
building.

(2) In the exercise cr any power under this
section, the Beard shall cause as ·little damage as
pcssible to any property and shall pay compen-
sation 10 any person who sustains damage in con-
sequence of the exercise of su:ch power·            -

Communica- 66. .The Board may, if necessary, make its dra-

!!on i~:rd ins to 9~mmun.icate with . or empty themselves into
with drains. any· pubhc dram, lake, stream, canal ot water-'-'Crurse

~;~~de!~·~ o~tsidteh the hurbanh are_a andf in so doing.dit . mhay exber.

urban area. c1se roug out t e 1me o country outs1 e t e ur an
area, through which the said drains are to run; all
the powers which· it might exercise under this Act if

the said drains were to run entirely in the urban area.

Right of          - 67· The owner cr occupier cf any premises
occupier owner or of s a h 11 b c entit e · 1 d to cause hi s . h (J use-• d · ram to empty .
premiseds ~o into a drain of the Board, provided that, before
empty rain, j         - h         -
into drain I 0 Ing 80, e-·

of the Board.


-----

Tim AS~AM GAZETTE. EXTRAORDINARY. JAJ\7. 9, 1997 67

(c.) c btains a written permission cf the Mana~

ging Director and pays connectkn fee in accordance
with the regulations, and         -

. (b) complies with such condition as the Mana-

ging Director may specify as to the mode in which,
and the superintendence under which, communica-

tions . between he use drains and the drains of the

. Board are to be made.

~nh· ndect~on . ~8· No perscn shall without complying . with

         - Wit of the Board rainS t 1 1e provisiOns o . . f Sect" ICD 67 rna e k cr cause to b t

not to be made any ccnnection cf a house drain with a drain
made except
in conformityOf the Board.      -

with llection      -

. 67.

Compulsory 69. When a house drain belonging to cne or
###### . ~nn:OC:,~ m~re ~ersons has been laid in a priVa~e street

drainswitli which IS common to more than one preffilses, and
each other. the Managing Director considers, if desirable, any
other premises should be drained into such drain,
he may, by written nctice, require the owner of
such premises · to connect" his house-drain with such

first-mentioned drain and the owner of such first-

mentioned drain shall thereupon ·be be und to per-
mit such connection to be made:

Provided that no such connection shall be made
except upon such terms as may be provided by
the regulations and until any payment which may
be directed by the Managing Director in accordance
with the regulations, ·has bee~ duly made. .          -

     - ower to 70. When any premises are, in the opinion of

anforce.Drai·the Managing Direetc·r, withe ut JUfficient means of
~:..:~o effectual d:t;,~iMge, he may by written nQtice require

         - the owner of the said premises-

( a) to · make house-drain emptying into a drain
###### of the Board j

(b) to provide and setup all such appliance
###### and fi~tings, as may ·appear to the Managing Direc- tor necessary for the purposes of gathering and re-
ceiving the drainage from, and .conveying th ~ . same


-----

###### '8 THE ASSAM GAZETTE EXTRAORDINARY. JAN. 9, 1987

off. the said premises and of effectually flushing

such house-dr.ain and every fixture connected there-

-with; or             -

             - (c) to remove any eXIstmg house-drain, or other
appliance or thing used or intended to be used for
drainage which is injurious to health;-

Provided that---,.

(i) in cases whe~e the drain of the Bo~rd is
beyond seventy meters from ·the prerruses the
cost of constructing the portion of the house-
drain beyond seventy metres from the pre-
mises shall be paid out of the fund of the

                          - Board; and

(ii) if the Managing Director is satisfied that
the owner is unable to bear the whole or
any part of the cost of conatructing even
the portion of the house-drain as is within
seventy meters from the premises, he may,
with the approval of the Board, direct that

whole or such pati of the cost be paid
from the fund of the Board·

~r?Vi•ion t 71· Where any premises are without privy or

J~ :Ucco-: urina.l accommodation or if the Managing Director is

~moda~ of the opinion that the existing accommodation thereof
!;h!~~ available for the persons occupying or uaing the

:,c:_:ommoda- premises is insufficient, · inefficient, · or for .anitary

.....,.. been has provi-not reasons . o b" ~ect10na . bl .e, t c h M anagmg . n· 1rector may,

de~~ is in- notwithstanding anything contained in any law

au lcJcnt. governing any Municipal Corporation or Municipal
Board. or Town Committee as the case may be, or
in. any rule· or bye-law made thereunder, by written
notice, requires the · o~ner the sucb premi,srs to

(a) provide such or such additional privy or
urinal accommodation as he may. specify, or

(b) make such structural or other alterations
in · the existing privy or urinal accommodation as he
may specify, or


-----

(c) substitute privy or urinal accommodation
directly connected with a sewer for any service
privy, or .service urinal accommodation, within ninety

days of such requisition.

eo.st orr rt;- 72. When a notice has been issued under Sec-

patr o prtvy • f         -         - 1 1... of
Fayable out tton 71 m resp-ect o any pnvy, [· ] urma or grou,..,

o~ t~e ~undd privies or urinals and the Managing Di~t.Or is

fn tc:rtal~r satisfied that the O\mer of the land or building
cases. on or in which any · such privy or urinal is 'situa-
ted is unable to pay the whole or part of the

. expenses of carrying out the work required · hy the

:J.otice, he may, with the previous approval of the
Board, direct that such expense3 or           - uch portion
thereof be paid out of the fund of the Board.

t"t~wifan~~ 73. (1) If any house drain, ventilation, shaft

             - ging Direc~ or pipe, cesspool, house gully, privy urina:l or bath-

tor .to requtre· h' 1 · · ·            -            - · c: d

repair~, etc., mg or ·WaS tng pace lll any premiSes lS .lOUD On

to be made inspection and          - xamination by the Managing Direc-
to house- b h . ffi h . d b h' .
. drain, etc. tor or · y any ot er 0 cer aut onse y , 1m m
this behalf to be not in good order or .conditiori,
or constructed in contravention of any of the pro-
visions of this Act, or rule or bye~ aw made under
the same~· prevailing at the time of such construc-
###### tion, the Managing Director may by written notice
require the owner of the premises-

(a) · to close or remove the same or any encroa·

chment thereupon, or

{b) to renew, repair, cover, re-cover, trap,

          - entilate, pave and pitch, flush, or cleanse or tak~

such other action · as he may think necessary in this
regard.

(2) In any such _case the Managing Director

may forthwith and without notice-

_( a)_ stop up or demolish any house drain by

which sewage, offe-nsive matter or polluted water
is carried through, from, into or upon aqy premises in
contravention of any of the provisiQn. of this Act

or any regulatioP made thereunder, or


-----

(b) clear, cleanse, or open out any house-
drain which is choked, blocked or in any way
obstructed, and all expenses incurred in so doing
shall, in the discretion of the ~anaging Directqr,
be . . paid by the owner or the occupier of the pre-

nuses.

R,tplatid '<?os 74. Drains, privies and · urinals and all appurte-

as to ratns, h f h 11 b d . . d
priviee anci nances t ereo s a e constructe , · mamtame ,

urinals. repaired, altered and regulated in accordance with
such regula~ions as may be made.

Power of ' ~ 75. Under the provisions of this c:hapter and

~:rn1o chapter IX, the Manag~ng Director may require

rcquireoccu-the owner of any premises to carry out any work,

pi~tocakrr.Y he may, if he considers it desirable so to do,

1

:&.cew~~ nreqtiire the occupier of the said premises to carry

owner. out such work and the occupier shall be bound
to comply with . the requisition:

Provided that ·except in the case of a special
agreement to the contrary, such occupier may
deduct the amount of the expenses reasonably
incurred or paid by him in respect of such work
###### from the rent payable to the owner or may recover
the same from him in any court of competent
jurisdiction: Explanation-An occupier who is a
tenant shall be deemed to have given his written
consent to any expenditure iucurred (or any work
done in pursuance of chapter IX · aDd X of this
Act which amounts to an impwvement. ·

Tumgover 76. (1) When the Board has taken any of the

~ •!:! 'ret· services relating. to sewer~g~ _ and ~r~inage in 3;ny

~ardor area under section 18 or ISm a position to provide
other se;e- sewerage · and drainage where there is no · such
###### d:;e .service, the Board. may, after serving at least three
system. month's notice in such manner as may be provi-
ded. by regulations, take over any independent ·
sewerage or drainage system in the. area belonging
###### to-

. (a) the State Government, on such terms and
conditions as . the State Government .may determine,

~nd


-----

(b) any p~son, <firm,          - cqrporation or other

organisation, on payment of compensation calcula-
ted .on the basis of the market value on the date

          - of service of the notice of all the pro~rtios connected

with 1uch system.

(2) Notwithstanding anything · to the contrary

contained in the Assam Municipal Act 1956 and

###### The Guwahati · Municip~l Corporation Act 1969,

and · any other Municipal . Corporation Act which

may come into force from tiiQ.e .to time after the
Board has taken ever the Municipal ·services rela-
ting to water supply, drainage or sewerage in any
area, any wqrks constructed in any street within
the area by any Development Authority constituted
under Assam Town & Country Planning Act 1959,
###### in the course of execution of any improvement or development scheme for providilig water, sewe-
rage or drainage facilities therein· shall vest in the
Board on and from the date of such street vests
in the Municipal Corpc-ration, Municipal Board or
Town . Committee, as the . case may be·

###### CHAPiER XI

Prosecution and Penalty.

-Prosecution . 77. No court shall take cOgnisance of any Offence

under this Act or any rule or regulation . JDade there-

under ex~pt on the complaint of an officer of the
Board authorised by it in this bchal£

. . 78. ivhoever contravenes the provision of this Act
###### or of any rule or regulation made ·thereunder shall be
Aunishable with imprisonment which may exten<l · to

on~ year or with fine which ·may extend to one thou-
sand rupees or with both.

CHAPTER XII
Miscellaneous.

Power to      - _79._ The Board may,. for the purpose of carrying .
###### . :::;* out its functions, up.dertake sl\rvey within and outside
the urban area and for that purpose it shall be lawful ·
for any officer of. the Board- .


-----

(a) to enter upon and takeJevel of any land;
(b) to dig or bme into tli~ sub-soil :; .

(c) to mark levels ·and boundaries by placing marks
###### and cutting trenches; and .

(d) "vhere other wise the survey cannot be completed
###### and levels taken and boundaries marked, to cut
down and clear away.ahy part of any standing
crop, fence or jungle _;_

                     -
Provided that before entering upon any land the
Board shall give notice of its iatention ' to do so in
such manrrer as may be provided by· regulations.

~w~ 80. The. Board may from tim«~ to time place and

p~e and to maintain . pipes, drains anCi "c)ther installations upon,

m.aintaJn . along, across or under any. immovable ·property and .
##### pi: ra1nsenter Upon Such property for IUCh purpose and for
the. purposes of examining, repairing, altering or
removing such pipe, drains and installations ;

Provided that the Board· .shall not acquire any
right other than that of user only in the property
upon, along,· across or under which the Board place
the pipes, drains and other installatio~s : .

. Provided further that . before commencing any
operation under this seCtion, the Board shall g&ve
notice of its intention to do so in auch manner as
may be provided by regulations.

i!Y4:!~1e 81. while exercising any power conferr~d . upon
the Board under Section 79 and 80, the Board shall
cause as little damage as possible to any property., and

shall pay compensation to all penons· interested in
any such property, not being a property of the State
Government, for any damage swtained by them in
consequence of the exercise of such power.

###### '"':{ •b ci . 82. The Board may for the purpose of carryini out :!.,:.eorftvits functiom under this Act, with the previous sanction of the , State Government, compulsorily acquire any
land with or without structure thereon under the
provi.sicns of any law · for the time being in force

###### authoritiui such acquisition~ ·


-----

THE ASSAM GAZETTE. EXTRAORDINARY, JAN. 9,. 1987 73

~ansf't,of ~3. When any land has been acquired in pur-

Boarlo t suance of Section 82, · the collector within whose
juri1diction the land is 'situated shall;upon payment
of the cost of acquisition, ·make over charge of
land to the Board, and the land shall thereupon
vest in the Board, subject to the liability of the
Board · to pay any further cost which may · have
been incurred on account of its acquisition.

,eon~tion~ · 84· Subject to the provisions contained in Sec-:-

:rn::~C:n3 tion. 8, for al1 appointments . under the said section

employees. the method of recruitment, qualifications, pay and

.other terms and conditions of service shall be such

as may be . Provided by regulations·

anO::Io e· 85. (1) . All of?cers and employ~e~ of ~e Board

    - s ~o ~su~- shall be subordmate to the Managing D1rector·

ordiQllte to       -       -       -

the Managing

Director.
(2) Any officer dr employee aggrieved by an
order or d~cision of the Managtng Director or any
other officer authorised by the Managing Director
in this behalf inflicting punishment on him, may

appeal· ~o the Board and the deCision af the Board
thereon shall be final.

Delegation · 86 :The exercise of any power delegated under
of Powers. this section shall be subject to . such restrietio!l and
conditions as may be specified in the order and
also to control. and revision by the Government
or by such officer as may be empowered by the
Government in this behalf or, as the case may

be. by the Board or such officer as may be em-
powered by the Board . in this behalf:

:Powera ·0 f 87. . The Managin~ Director may; subject to the

~anaging control of the Board-

Dtr~to, ~ to.

the· · 'Instttu~
t ion, comPoSi·
tion; etc. of
legal procee-

dings and ob-
taining legal

advfcc.

(i) institute, defend or · withdraw from legal

procl:edings instituted under this Att or any rules
made thereunder ;


-----

74- THE ASSAM GAZETTE. EXTRAORD!NARY JAN. 9, 1997

(ii) compound any offence against this

.Act or . any ,rules made · thereunder which, under
any law for the t!me being in force or the rules
prescribe by the Government may lawfully be com-
###### pounded; · · ·

            - iii) ·admit, compromise or withdraw any claim
made under tbis Act or any rules . or byelaw~:: or
schemes made thereunder ; ·a:nd            -

(iv) obtain legal advice and assistance as may
from time to time, think necessary or expedient to
obtain, or as may be desired by the Board to
obtain, for any of the purposes referred· to in . the
foregoing c~auses of this section, or for securing
the lawful exercise or discharge of any . power
or duty vested in or imposed upon the , Bol;l,rd

or any· officer or employee of the Board~

Power oftbe . · 8J The· Government may issue to the Board·

~~:~:~:d:rsuch o~der ·and directions as in their opinion: are

~d direc- necessary or expedient for carrying out .the ptir-
uons to the f h.          - h B h 11          - _a-_
Board. poses o t IS Act an t e oard . s a g1ve euect

               - · . to all such orders and directions.

:,dj~:!c~~:~         - 89. (I) ., Whetl . a dispute exists between- the'.

betwee! the Board and ()ne or mor~ other local. authority or

Board and among local ~uthorities in regard to any matter

LocaiAuth- . • • d . h . . fth" A d. h
oridea.           - ans~ng un er t e prov~sJons o JS ct, an t e

State· Government are . of th,e opinion that the

parties are unable to settle. it amicably among them-
selves; they · may take. cognizance of .. the dispute and
decide it themselves.

(2) The decisio:n .. of th.e State Government.

thereon ·shall be ·binding on the .Board and the

lo~l authorities conc~rned and · shall not be liable
###### to· be questioned in ·any court of !aw.

Eirect or oth- 90. Saye .. as otherwise ,provided in .·· this Act.
er laws.
the provisidns of this Act shaJl have · effect not.:-
withstanding anything inconsistent therewith contai-
ned in . it, any other law .for the time being in

###### fcrce or any custom, us~ge or contract o~ clecree Or

order of a court or other authority, and the pro

vWODS which do not suffer from any such incon.


-----

THE ASSAM GA7.ETTE. EXTRAORDTNARY. JAN. Q, 1M7 75

           - sistency shall be in addition to . a1;1d not in der&-

gatiori. of any other law for ,the time being in
force.

No.tic.A .of 91· No suit shall be · instituted against the

~':!.cs ge~~tBoard, ·or any Director, or any officer or employee
###### of the Board, · or · any persori acting under the di-
rection of . the Board, or of the Chairman· or M a-
naging. DirectoJ;' or any officer or employee of the
Board, in . respect of any action done or intended
to be done under this Act .or any rule · or bye-
law or scheme made thereunder untill the expi-
ration of sixty days next after written notice has
been delivered or left at the Board's office or the
place of abode of such officer, employee or person,
stating the cause of action, the ·name and place of
abode of the intending plaintiff, and the relief which
he claims, and the plaint must contain. a statement
as to whether such notice has ·been so delivered
or left.

C:ompeasa• 92. (1) · When any person is convicted of any

uontobes:r.     - A 1     - b 1
paid br Off. ouence under thts ct or any ru e or ye- aw or

endera for scheme made thereunder, the magistrate convicting

Dalllace used ca-bysuc .Pellon may, on app cation rna e m h li . d . thi s b e-

thea. half by the Board or by iti officer or employee
authorised by 'it in this behalf, call upon such per-
son forthwith to show cause as to ··why he 1hould

not pay compensation to the Board for damage

caused by the commission or ommission in respect
###### of ·which he is convicted.

(2) The Magistrate shall record and consider
any cause which such person may show and if the
magistrate, after making such enquiry as he may think
fit, is satisfied that such person is liable to pay
compensation, may direct that a sum, not exceeding
one thousand rupees as he ·may determine, be paid
by such person . as compensation to · the Board.

(3) The amount of compensation directed to
be paid · under sub-section (2), shall if it be not
paid forthwith, be recovered as if it were a fine

im.posed by the magistrate on such person.


-----

_76_ THE ASSAM GAZETTE, EXTRAORDINARY. JAN. 9. 1987

'

!rro!~~~~i fil93. No person sha:hll rem~ve· any mark pf)aced,

of mark.. or . 1 up any trenc cut, tor the purpme o mar-

king levels and bounderies by . the Board under the
provisions of this Act. ...,

Mode ofre- 94'. (1) If anv amount due to the Board in

covery of             - ' f h
due,·. accordance with the terms o a contract or ot er-
wise or. any              - um payable in connection therewith,
or any dues referred to in Section 44 of this Act,
has not been paid by the pers.:>n liable for pay-
ment of the dues within thirty days from the service
of notice of demand, such sum together· with all costs
and penalties, if any, may be recovered under a
warrant issued in the form to be prescribed by
distress and sale of the movable property or the
attachment and . sale of "Che immovable property of

the defaulter·

(2) where the property is · in the urban area,
the warrant shan· be addressed to an employee of
the Board and where the property is outside the
urban area, to the collector of the district c0nce-
rned, who shall proceed to collect it as arrear of
land revenue:             - ·

Provided that the employee to whom the war-
rant is addressed may endorse such warr~nt to a
subordinate employee.

                     - (3) For every warrant issued under this section ,

###### a fee shall be .charged at the rates ·to be prescri-

. bed by the Board and the amount of the said fee

shall be. included ~n the cost of recovery.

A1fthen~- 95. (1) All orders and decision of the Board

~~:'r~ :n_d shall be authenticated by the signature of the _Se-_

other imtru- ctetary or any ·officer of the Board authoriserl in

ments the Board. of 'W rt 't' mg b · h Y t e B oar d · lll t h' IS b h e a • If.

(2) The Managing Director or any officer of

the Board authorised in writing in this behalf may
sign on behalf of the Board any agreement . or

other instrument to be execut i•alf of the Board·


-----

1

S• 1gna Stan, ure Ping on h' 96. Every notice or bill which _is_ required _by -_

rr?tic~ t IS Act or b~ any rule or bye-law made there-
or Btl!s. under to bear the signature of the Managing Di-
rector or any other Director or .'Of any Officer or
employee of the Board, shall be deemed to be pro-
perly signed if it bears the facimile of the signa-
ture of the Managing Director or such other Dire-
ctor or such officer or employee as the case may be
stamped thereupon.

Prore~tion 97. _(1)_ No suit, prcsecution or other legal

or k acu~n 0 proceedings shaH lie against any person tbr

g:de fai~~- anything which is, in good faith, done or intended

to be done in pursuance of this Act or any -rule
or c,rder ·or scheme made . thereunder.

(2) No suit or other legal p-r:o~edings shall . lie
against · the Government, the Board or any com-
mittee there ot; for any damage caused or likely

t-o.             - e caused· by aryything which is in good faith
done or intended to be done in pursuance of this
Act or of any rule or order or scheme made ·the-
reunder.

Ofticers and . , 98. All officers and ~mployeea of th~ Board and

  - employees ;lny person. entrusted wtth the executiOn of any
of the Bo3:rd function under this Act, shall be deemed to be
to employees.-be publac pu bl' IC emp oyees 1 _Wit . hi n_ t h e meanmg o sec . f t" JOn 21

###### of the Indian penal Code (Central Act XLV of
1960).

The Board 99. The Board shall be deemed to be a local

~u:;it~authority for the purposes ofthe Land Acquisition
under cen- Act 1894 (Central Act I of 1894) and the Local

  - 7" [1] a:t!w~ Authorities Loaps Act, 1914 (Central Act IX of

central Act 1914).
19 of 19J4,

Duties or   - 00.(1) All Local Bodies shall render such

Local !Jodics help and a~istance and furnish such . informati9n
*- aaut. to the, ·Board and   - shall'-.make available for Its

###### inspection .and exaniinati~ ·and if necell&ary, pre-
 par,tioit· .. of ~pies. from · such ~ecords,_ ma~,. plan

1

###### -aod -otha- ~Ocumeiilta, as ·it may . requue to diacha-.

I'J{e its function UDder this · Act.


-----

_(2)_ Without prejudice to the · provisions of
sub-section (1), every local body shall ·on demand
make available free of cost," certified copies or
extracts from assessment lists and other relevent
documents in connection with assessment of annual
value qf premises and levy of taxes, fees and

charges ..

(3) Without . prejudice to other provisions of
this Act and notwithstanding . anythine contained·
in any oth~r law for the time being inforcd, the
State            - Government may give to any local body
such direction as in its opinion may be necessary
or expedient for enabling the Board to perform
its functions under this Act and thereupon it shall
be the duty of the local body to comply with
such directions.             -

~~ Aut- 101. All building plans submitted to a Muni-

!:':.~..r;~ dpal Corporation, Municipal Board, Town Com-
building f:lunmittce or Development Authority for s::mction shall
:-;:/~~conform to the bye-laws of the Board relating to
water .sup~ly water supply, drainage, privy and urinal accomo-

:~rO::.ii;" dation within t!J.e premises and no ~u!lding plan
with b~e- shall be sanctioned by the. authorities of any

laws. Municipal Corporation, Municipal Board, Town
Committee or . Development Authority, unless the
same so conforms.

f?etermina- · tloa, _ol_ the l 02 ' ( 1) The value of air properties and assets
vahae of vested under Section 18 shall, after notifying the

;:.~~        - ro- . date and time for the purpose and allowing an
opportunity of being heard to .the local authori-
ties or others concerned, shall be determined by
the Board, and such determination shall be final

subJeCt · to an appeal which may be preferred

within thirty days from the date of such deter-
mination to such 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-sec-
tion (1) shall ·be entered in the Books of the
Board as the value on the date· of transfer.


-----

I I

###### .._ ·ot . · 103. It . shall · ~ 1£. wful . for ·the - W...a11aging.

     - ..,. Direc~or . or. any officer · a&ithorised by . · him in this
###### behalf.. to enter ·into / :pr · upon any ·Jand Or

building 'within- . the urban . a.;ra l with . or with-

out . assistants or . workmen .· in 'order to niake
any enquiry, inspection, measl,lrement Qf . valu-
###### ation, or to execute any work which _is autho-

.rised . by or under this . Act or which          - t is

necessary t() execute for any of the p_urposes or in
pursuance of any _o(_ the provisions of this Act or
###### of any rule or regulation · made thereunder ;

Provided that before · entering · upon i)ucn 1and
###### or building, notice of the .intention to · do so shall
be given ·to the owrier. or occ'4-pier or both in sucb.
manner as may be provided by regulations.

r:s=.i~! 104. ( 1) The Managing Director or· an officer ·

and exa- authorised _'by him in t_his . behalf may-     - ·

mination
(a) inspect and examine any house-drain~ ven-

tilation shaft or pipe, cess-pool, house-gully, privy,
urinal or bathing .. or washing place existing in, or
any pipe, tap, fitting or meter :for S!!pply of water
to, any premises ; and

. (b) . if necessary. for the purpose of such in-

spection and examination, cause the ground or any
portion of any house-drain or other work exterior
###### to a building or any portion of . a building to be
opened, broken":J.p or removed :

Provided that in the prosecution of any such
inapection and . examination as little damage as possi-

ble shall be done. .

(2) Any ground or any portion of any house
drain or other work exterior to a building, or any
portion of a building opened, brokenup or removed
under ~lause (b) of sub-section (1) shall be filled
in, re-instated and made good by- .

(a) the owner of the premises at his own cost

where the works or things mentioned in clause (a)
###### of sub-section (1) are found on inspection and ex-
amination to be riot in good order or condition or


-----

###### cotlltructedr incontnwention of any of~ ·r-~ ­
 of this Act or any ·regulation made thereunder', «.
of_ an / other Act, or rule or bye-h~ ~(\e under

###### the· same' prevailing at the time. of such' constnap..

ti~.~ . .

###### (b) the Board, in other cases. .
 ( 3) Where the owner of any premises raises
 any dispute as to the exis.tence of any of the cir-
 cumstances referred to in clause (a) of · sub-section

                 - (2) he may, within thirty days from the date of
###### inspec_tion and examination, make a ~ritten r9prc- sentation to- . . ·
 . · (a) the Managing Director, in cases where the inspec tion and examination is done by any officer of the Board other than the Managing Director;and

 (b) the Board, in· other cases, and the decision
 of the Managing Director or the Board as the case may be, shall be final.
 ~ :d 105. (1) When any requisition or order is made

M~nagct ing under any of the provisions of this Act or a.ny re-
D

enforce re-•re or to g a ul t' 10n rna e t ereun er y a d h d b wntten · no 1t' ce t. ssue d

q~sitioo or by the Board or the Managing Director, a reasona-
or er. ble period shall, unless otherwise provided for "under

###### such provision, be specified in such notice for carrying such requisition or order into effect, and a reasonable period shall also be specified therein within which any written objection thereto shall be
 received by the Managing Director. ·

 (2) Such written objection, if anv, shall be
 heard and disposed of by the Managing Director
 after giving notice to the objector and the order of the Managing Director thereon shall be final.

(3) If the requisition or the order _is_ not com-
###### plied with within the period specified in the notice
 -or, if an objection has been preferred and dis-
 allowed, within such extended time as may be speci- fied in the order of disposal of the objection, the Managing Director may take such measure or cause
 such works to be executed or such things to be
 done as may, in his opinion, be necessary for giving
 due etrect to the requisition ·or the order so made, and unless it is .otherwise expressly provided in this

 •


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TTTF. ARRA M GAZETTE. EXTRAORDINARY. .TAN. Cl 1987 81

###### Act or in any regulation made thereunder, the ex-
 penses thereof shall be paid· by afiy one of the per-
 sons to whom such requisition or order was add- ressed and shall be recoverable as arrears of. water- charge. ·

 (4) The Managing Director may take any mea-
 sure under sub-section (3), whether or not the per- son who ?as. failed to comply with the requisition
or order ts hable to punishment or has been pu,-
###### secuted or sentenced to any punishment under this Act or any regulation made thereunder for such failure.

~ron· 106. ( 1) The compensation payable under Sections

     - 62, 65, 76 and 81 shall be determined by the Manag- ·

###### ing Director or any otJ.er officer authorised by him in this behalf in such manner as may be prescrib- ed; provided that where the amount of claim ex- ceeds rupees twenty-five thousand, the Managing
 Director shall refer the claim to the Board which shall then determine compensation in such manner as rna y be prescribed.

(2) Where several persons claim to he entitled

###### to the compensation, the Board; the. Managing Di- rector or the officer, as the case may be, deter- mining the amount of compensation under sub-sec-

 ·tion (1) shall determine the persons who in its or his.'
 ' opinion, are so entitled and apportion the amount
 among them.

(3) Determination of the amount of compen-

###### . sation under sub-section (1) and of persons entitled
 thereto and apportionment thereof under sub-sec-
 tion (2) shall, subject to appeal as hereinafter pro-
vided, be final.

API*L 107. (1) Any person aggrieved' by• an' order of

tho M~agi.ng , DireCtOr ot _ tJiei offici:r n~ermining

the annual· value _or_ atiy larid' _ot_ 11!ih ...       - .g under

###### Section ~6 or by an order" or the F 1-lrd; the Man-

..                - g . Director or' the o1fleet; ai:·: th.e' eut1 may be,.

###### dCt-.minios fP.e'amourit or cdmpenmdotJ! dlldcr su~ ~ ( 1) of'SCctidrt' 1n6 cJtl dt'tlridllta~ t8 p ... oa•
 entitled the~to · or' appQrtibriha~ tJtW· tlllereof
## ..._t


-----

82 TIIE ASSAM GAZETTE . .'EXTHAORDINARY. JAN~ 9, 1987

under sub .. section (2) ofthe said section may, · within
sixty days" from. the date of such order, prefer an
appeal to such authority as may be appointed by
the State Government by notification.

(2) No person shall be appointed under sub-
section (1·) as an authority to hear appeals unless
he is or has been a judicial officer for at least 10
years.

(3) Appeals under sub-section (1) shall be filed
and heard in such mai1ner as may be prescribed.

Prohibition 108. (1) No person shall, in any way, obstru.ct
of obstruc-           - d
tioft; any Director officer or employee of the Boar m

###### the discharge' of any duty or the exercise of any
power under this Act.

(2J No person shall obstruct any perS<Jn with
whom the Board has entered into a contra.ct, in the
performance or execution by such person of his duty
under, or in doing anything whi<;h he is empowered
to do by virtue of, or in consequence of, this Act
or any rule or regulation made thereunder.

Rcpeald and 109. With effect from the date of vesting in the
amen ment. B d f f h . f 1
oar o anyo t e serv1ces o water supp y,sewerage

anr. drainage in any area, the provisions of the
Assam Municipal Act, 1956 or the Guwahati Muni-
cipal Corporaticm Act, 1969 or any other Act for the
time bei11g in force relating to such services shall
stand repealed in the area.

Dude• or II 0. (1) It shall be the duty of every Police

PoUce Offi- Officer-
c:en.

(a) to co-operate with the Board for carrying
into effect and enforcing the provisions of
this Act or any rule or regulation or scheme
made thereull.der;

(b) to communicate without delay to the proper
officer or employee of the Board any informa-

tion, Which such police officer received, of
a design to commit, or of the oommissi()n
of, anyoffenceagainst this Act or any rule or
regulation or scheme made there under; and


-----

Tim /\SRAM GAZETTE. EXTRAORDINARY,· JAN. 9. 1987 93

(c) to as.sist the Board or any officer or employt:e

###### of the Board reasonably demanding the aid of such police officer for the lawful exercise cf any power vesting in the Board or any
such vfficer or employee under this Act or any
rule or regulation or scheme made thereunder.

(2) Any police officer Who omits or refuses to
perform .any duty imposed on him by this Act, shall
be deemed to have ccmmittc.d the offence under
the relevant provisions of ·Assam Pclice Act.

(3) The State Gc.vernment may empower' any

officer vr staff or any clgss of dficer cr staff of

the Board to exercise the powus c,f a · p0Hce officer
for the purpcses of tbis Act.

Arrest of      - 111. (1) Any police officer not below the rank

offenders. of a head constable, may arrest any person who

Cfl:nmits in his presence, any offence against this
Act c·r any rule or regula tic nor scheme made there-

under, if the name c r address of such person be
uriknvwn to· him and if such persun on demand

_4_ declares to give bs name or address, or gives a

name or 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 ascer-
tained or for any longer time than is necessary for
bringing him before a magistrate and in no case
shall such detention exceed twenty-four hours from
the time of arrest without the orders of a magis~
trate.

Offence• by 112. (1) If the person committing an offence
Companies. under this Act is a Company, every person,
who at the time the offence was committed
was in-charge of, and was responsible to,
the company for the ccnduct of the bminess of the
cempany as well as the compar..y, shall be deemed
to be guilty c.f the offence, and shall be liable to
be proceeded ag"-inst c.nd punished accc·rdingly :

Provided that nothing containrd in this section

shall render any such perl'ion liable to any punishment


-----

8.-t THE ASSAM GAZETTE. EXTRAORDtNARY JAN. 9,- 1937

provided in this Act, if he proves that the
offence was committed without his knowledge, or
###### that he ex~cised all due diligence to prevent the
commission of the offence.

###### · (2) Notwithstanding an) thing contained in
sub-section (1) where an offence under. this Act, has
been committed by a company, and it proved that
the offence had been committed with the consent
###### or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or
other officer . of the company, such director; mana-
ger, secretary or other officer shall also be deemed
to be proceeded against and punished aecordingly.

###### EXPLANATION.-For the purpc>sesofthis section,-

( a) 'Company' means a body corporate and
includes a firm or other· association of in-
dividuals; and .

(b) 'director' in relation to a firm means a
partner in the firm.

Emerpncy 113. The Managing Director may, in cases of
###### f.::· of emargency, direct the execution of any work or the

-~
Director. doing of any Act which requires the sanction of the

Board if t.he immediate execution or the doing of
which is, in his opinion, necessary service or safety
###### of the public and rna y also direct that the expenses
 of executing the work or of doing the act shall be
paid from the funds of the Board:

Provided that,-

_(a)_ he shall not act -p.nder this section in con-
travention of any direction of the Board or Government
prohibiting the execution of any particular work or
the · doing .of any particular act.

(b) he shall report. the action taken by him

           - nder· this section and the reasons thereof to the
Board at its next meeting and shall also submit a
###### copy of his report to the Government and tlte
Boru::d or the Government as the case may . be,

may ·issue such directions as it or they may deem
fit ~n such report.


-----

'riTE AS~AM GA7.E'M'R EXTRAnRDTNARY. JAN. o. J()S? SS

\, .

Revision.        - 1 14. ( 1) The Goveflliilent . m~ y call . for . the

records · of any           - proceeding o[ the Board or any
officer subordinate to the • Board fqr the purposes
###### of satisfying itself· as to the legality or propriety of
any order or proceedings and may pass such order
with respect thereto as it thinks fit. .

'

           - (2) The Board may call for the records _of any_
proceedings 'of any officer subordinate to it for .
###### the purpose of satisfying itself as to the legality or
propriety of any order or. proceedings and may pass

. such order with respect t~ereto as it thinks fit. .

(3) No order under sub-section (1) or sub-section
(2) spall be made to the prejudice· of ~ny J?er~on

unless he ~s had a reasonable opportuntty of bemg

h~cl. .

###### CHAPTER XIII

. Rule.s . and Regulations :

'Powet to 115. :( 1). The StaJe Ooverriment ni~y makc · ru,~s

mUle .rates. for carrying .out the purposes of . this A.(;t· . . .

                                                     - .                                                      -

###### . · (2})n .:Pa~1cular , an~ without prejudice to the

g~rtcp;1~It~ ~f ·the forego1~g pow{,r. such rules may
ptov1de fut --.c:

(a) all matt(;rs · expressly requ,~re~ or allowed
by this Act to be prescribed ;           -

(~), the quaUfic.a.tioils .. f~·r a.ppointmcnt of.. and

the . gtant of leave of absence .. to, the Vice~Cha ~r rnan

###### and tl c· M nb. g ~1:g Diret k..- of t he Board ~

(c) the conqitions of. ser,vice of the Vice-Chair-·

:Ili&.to;:1nc~~jftf~Kc ~~~~~i~ a~$ ~; t~:~~!~~
### .

or ' s~tting fees' tor att¢rid~n~· tlie meeting pf ~pe Bo~rd

and any other allcwz.nccs and the . manner cf fillmg

###### casual ·vacaricies hi, the office ''of the riO'n.:qfflcial di-
rectors of the 13oard ;' . .


-----

###### 8  THE ASSAM GAZETTE. EXTnAORDTNARY, JAN. 9, 1987

(d) the functiuns cf the Board;

(e) the conditions for the acquisition, transfer,

etc., of any property· by the Board ;

(f) the mutual relationship of the Board and
other local authorities in any matter in which
they are jointly interested ;

tg) the manner of operation of funds by the
###### Board;

(h) the borrowing and lending of money by the
Board;

(i) the form and manner and the time limit
for the submission of statistics and returns by the
Board to the Govetnment;

(j) the manner in which the accounts c.f the
Board will have to be published;_

tk) the rights, privileges and authority of audi-

tors appointed under this Act;            -

(1) the offictr befcrc whom an appeal may be

prefern.d and . the manner of"" doing so under sub-
secticn (1) of Sectiun 102;

_(mr_             - h{.;             - anner. of det<.rmining annual vduc

under S·;cticn 46 ;

               - n) tbc .public health standards of water-supp1y

nnd~ sub-section (1) of s ~ ction 53 ;

(o) the manner L-f determining compemation un-

der .. ~ sub-sect},. n ( 1) 0f Stctii-n I 06 ,

(P) ·tht manner of filing · and hc~r ing cf appeals

under . sub~sectjon (3). £f s ~ ct·ion 107 ;

(3) All ntles made undn th1s Act sh?.ll be pub-

              - lished ifl tht Official Uaztttc and tmlcs!-. they are

exprcs~•ed tn come 'int ... , fo1ce on: a particulr.r day,

-sha.ll come .' into force i>n· ~he 'day on which tbey arc

S0 publi eu. .


-----

Power to 116. (1) The Board may by notification make
maUftl\1-
lariona or regulations or bye-laws not inconsistent with this
byo-laws. Act, and the rules made therettnder, tbr the pmpose

###### of giving effect to the provisions of this Act.: ·

(2) In particular and without pr~judice to the
generality of the foregoing power, such regulations-
###### or byc-law:S may provide for-

(a) all matters expressly required or allowed

by tbis Act to be prescribed by regulations ;

'(b) terms and .conditions of appointment and

service and the scales of pay of officers and
employees of the Board including the pay-

ment of · travelling and daily allowances in
respect of journeys undertaken by such offi-

cers and employees of the Board;

. (c) the supervision :and control over the acts

###### and proeeeding of the officers and employees
 of the Board and the maintenance of disci·
pline and conduct among the officers and

. employees of the Board;

(d) the procedure in regard to the. transa«ion

###### of business at meetings of the Board in-
cluding the quorum ;

(e) the purpose for which and the manner in
which temporary associafion of persons may
###### be made;

(f) the duties, functions and terms and condi-

tions of . service of the members of the
Committees ;

(g)· the duties, functions and the powers of the

Chail'man, Vice-Chairman, the Managing

Director, the Secretar1J.... the Chief Engineer,

the Chief, Accounts vmcer and other offi-

cers of the Board;

(h) the manner and . the form in which a sin-

king fund, a depreciation re&erve fund and
a development fund shall be constituted ;


-----

. 88 THE · ASqAM GAZETTE EXTRAORDINARY . .JAN. 9, 1987

(i) the manner and the form relating to . the

mai~tenance of the accounts of the Board;

###### (j) the terms and conditions for supply of water for domestic and other purposes; .

(k) the installation their connection, and their use, maintenance. of 'meters or the transfer of .

###### l:
 testing, disconnection and reconnection, the fees the rent and other charges in respect
 thereof, including the furnishing of security by the consumer and matters · connected therewith;

(1) the manner of notifying the rates of water

###### · charge, sl.rrcharge and .tax . under sub-sec~
 tion (2) of Section . 44; . · ·

 (m) the manner of determining consumption of water :u:nder sub-section (2) arid (3) of Sectiori 48; ·

(n) the time; · place. and manner of Payment of

###### .
 taxes, . fees, charges and surcharges under

"""·

###### sub-section (I) · of Section 52 ; · .

 (o) . the rules for making, maintain'mg and re-
 . gulatirtg connections· for the supply of water and fees for c~nnection and reconnection. under Section 54;

(})) the . conditions for sinking 'tube wells under

###### · · S~tion 59; · · . ·· ..

 (q) the proce<lure for obtaining and the gran-

 ·· .. ting· of written . :permission · and the pay- ment of connection fee referred to in clause

. (a) of Section .67;

                     - r) . th,e terms and the amount pa}'able for com-

.. pulsory connection ... of · houSO'-drains under
###### the proviso to Section 69; · ·

~s)                    - he. rules for__<:()nstruction, maintenance, etc.,
###### of ·drains, priVies ap~ · winals . under Sec- tion 74; · ·


-----

r-·
I

I



      - 1 fiE ASSAM GAZETTE. EXTRAORDINARY. JAN. 9, 1987 &~

###### (t) all matters in connection with investigation,
construction, maintena,nce .and repair of any
water works, sewerage system and drain:;~.ge
system or for such systems contingent upon
them;

r-·
I (u) any other matter which may be · or is re-

quired to be provided by regulations under.

I this Act. . · - .

(3) , No regulation/bye-law . ·or . its cancella-

tion or modification shall have effect until the same
shall have been approved by the Government.

              - (4) The Government may, by notification,.
rescind any regulation made under this section
and thereupon, the regulation shall cease to have
effect.

###### CHAPTER XIV

TransitOI'Y 117 ( 1) Any water-tax· or drainage-tax imfoaed

provitiona · by the local body ·concerned in respect o any
urban area before the appointed day, and any
notification, notice, order, direction, rule; bye-law
or form in relation to such tax or to the provi-
sion of water-supply or sewerage or drainage ser-
vices immediately before the appointed day, in-
cluding any assessement or order or order for
exemption of connection, disconnection or rcconnec-
tion made or granted, or penalty imposed in respect

###### • of the owner or occupier of any premises, or any

licence issued to a plumber, or any order made in
connection therewith, under any provision of law
applicable to tho local body having jurisdiction
over the urban area, and in force until other pro-
vision or order is made or other proceeding~ or
action taken under this Act by the Board for im-
position or assessment of such tax or for grant or
such licence or connection or provision of su<'.h

servica, and reference in such notificati011, notice,
order, direction, rule, bye-laws, or licenct" to the
local body concerned, shall be constmcd aa a
reference to the Board and in particular the proceeds
###### of auch taxes and fees shall go into the Board's fund

imtead of the fund of t11e local hody concerned

~--------------------------------------~~~~~--------------------._


-----

90 THE ASSAM GAZET'TE. EXTRAORDINARY. **JAN;** 9, 19S7

###### (2) All proceedings for acquisition of land in
 . connection with any water-supply or sewerage or drainage services or sewage farm initiated by or at the instance of any local body or the State Public Health E11gineering Organisation before the appoin- ted day under the Land Acquisition Act, · 1894, or any other ·law shall · continue from the stage at which they· are pending on the appointed day, and the Board shall . be substituted for such local bcdy
 or the State Public Health Engineering Organisa- tion, as· the case . may be, and those proceedings shall be deemed to be for the benefit of the Board, and all liabilities in respect thereof shall fall on the Board.

K. LASKAR,

Joint Secy. to .the Govt. of Assam,
Legislative Department,

GUWABATI -P.rintcd ar.d Publbhcd by tll~ Supdt. i./c. Asaam Govt. Pre11

                 - (Ex-Gazette} Ko. Jl- l,:?.fl2~500-9-l-1987.

###### ~--------------~~------------------------------------~


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