draft jaipur water supply & sewerage board bill,...

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Draft Jaipur Water Supply & Sewerage

Board Bill, 2017

Draft Jaipur Water Supply & Sewerage Board Bill, 2017

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Contents Statement of objects and reasons ................................................................................................................ 3

THE JAIPUR WATER SUPPLY AND SEWERAGE BOARD BILL, 2017 ................................................................. 5

CHAPTER – I ................................................................................................................................................... 6

Preliminary ................................................................................................................................................ 6

CHAPTER – II ................................................................................................................................................ 11

Establishment of the Board .................................................................................................................... 11

CHAPTER - III ............................................................................................................................................... 19

General Powers, Functions and Duties of the Board .............................................................................. 19

CHAPTER IV ................................................................................................................................................. 23

Water Supply by the Board ..................................................................................................................... 23

CHAPTER V .................................................................................................................................................. 29

Sewers and Sewerage Management by the Board ................................................................................. 29

CHAPTER VI ................................................................................................................................................. 34

TRANSFER OF ASSETS AND LIABILITIES TO THE BOARD .......................................................................... 34

CHAPTER VII ................................................................................................................................................ 39

Contract, Finance, Accounts and Audit ................................................................................................... 39

CHAPTER VIII ............................................................................................................................................... 45

Private Sector Participation .................................................................................................................... 45

CHAPTER IX ................................................................................................................................................. 46

Penalties and Procedures ....................................................................................................................... 46

CHAPTER X .................................................................................................................................................. 49

Miscellaneous ......................................................................................................................................... 49

First Schedule .............................................................................................................................................. 60

Second Schedule ......................................................................................................................................... 61


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Statement of objects and reasons

In Jaipur city and it adjoining areas, the functions related to water supply and sewerage

management is presently being carried out by multiple agencies like the Public Health

Engineering Department (PHED), Jaipur Nagar Nigam (JNN), Jaipur Development Authority

(JDA), Rajasthan Housing Board (RHB), Rajasthan Urban Drinking Water, Sewerage &

Infrastructure Corporation (RUDSICO) and Rajasthan Urban Infrastructure Development Project

(RUIDP). While the PHED is responsible for planning, designing, building, operating and

maintaining urban and rural drinking water supply, JNN is responsible for providing public

utilities, civic amenities, community facilities etc. including water supply and management of

the sewerage systems within its jurisdiction. JDA besides preparing Master Development Plans

and Zonal Development Plans for water supply, sewerage and sewage disposal, undertakes

projects and schemes for the integrated development of Jaipur Region. The RHB ensures that

all existing dwelling units have easy accessibility to basic sanitation facilities and drinking water.

RUDSICO besides extending financial assistance to Urban Local Bodies (ULBs) and government

agencies provides technical assistance and acts as a nodal agency for various state and central

level schemes. RUIDP is responsible for the development of urban water supply, sewerage and

sanitation infrastructure for select ADB funded project towns. There is a need to take cohesive

approach for planning, development, implementation and management of activities relating to

water supply and sewerage services in Jaipur city and adjoining areas.

It has, therefore, become essential to have a separate institutional framework to provide a

holistic and integrated approach to the management of water supply and sewerage systems in

Jaipur Urban Area. Such an institution is expected to work in close coordination with the existing

agencies, and undertake either by itself or through these agencies, all works relating to water

and sewerage system. This would include undertaking of capital works, operations &

maintenance and revenue functions related to water supply to all domestic, industrial and

commercial users, sewerage collection, treatment and safe disposal. Such institution is

envisaged to be a nodal agency for the entire Jaipur Urban Area for water supply and sewerage

services.

To meet the demands of increasing population in the Jaipur Urban Area and proper

management of water and sewerage sector, it is important to make suitable provisions for

supply of good quality of adequate water to all the people, water conservation, rain water


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harvesting, re-charge of ground water, providing meters for all consumers, revising water tariff

in a progressive manner, conducting audit of water balance, control of non-revenue water,

recycle and reuse of waste water etc. Further, in the recent past there has been a greater

interest by the private sector to engage with the government in the rendering of public services

including management of water supply and sewerage systems. Increasing private sector

participation has also been seen across the country especially in augmenting the existing water

supply systems to enable delivery of 24/7 water supply services to the consumers. It is

recognized that often private sector brings in the necessary efficiencies and latest technological

advancements. Suitable provisions for implementation of schemes and projects relating to

water supply and sewerage services through private investment is required to be provided.

It is important to equip the Board with persons having expertise in technical aspects in the

management of water and waste water sector. The key function being technical in nature the

Board requires skilled persons in construction, operations and maintenance and fund

management. Presently, the cost of operations and maintenance of water supply is recovered

only to the extent of 30 percent. It is envisaged that sooner or later that the full cost of atleast

operation and maintenance expenses incurred by the Board is recovered if not the capital costs.

Therefore, in the longer term it is necessary that the Board functions as a self-sustaining entity.

It is therefore, imperative that the user charges for the services provided by the Board are

revised from time to time. In order to do this, it is envisaged that a Tariff Committee be set up

by the Board. The Tariff Committee will after considering all relevant aspects, recommend

suitable revisions to the user charges payable by the consumers. In view of this, the role of the

elected representatives may be minimal in the day to day operations of the Board. However,

they have an important part in regulating tariff and planning of various schemes and projects

undertaken by the Board. They will be suitably represented in the Committees of the Board.

Therefore, by virtue drawing the powers envisaged under Article 243 W and Schedule 12 of the

Constitution of India, government is enacting this legislation to enable the Board to undertake

functions related water supply and sewerage management. Therefore, the provisions of

Rajasthan Municipalities Act, 2009 as far as it relates to sewerage management within the

Jaipur Urban Area shall not be applicable to JNN as it will be taken over by the Board after

enactment of this legislation.

To meet the above objectives, this Bill is proposed for consideration.


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THE JAIPUR WATER SUPPLY AND SEWERAGE BOARD BILL, 2017

An Act to make provision for the management of water supply and sewerage systems in Jaipur Urban Area and matters connected therewith.

BE it enacted by the Rajasthan State Legislature in the Sixty Eighth Year of the Republic of

India, as follows:—


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CHAPTER – I

Preliminary

1. Short title and commencement—

(1) The Act may be called the “Jaipur Water Supply and Sewerage Board Act, 2017”.

(2) It extends to the whole of the Jaipur Urban Area.

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

2. Definition—

(1) In this Act unless the context otherwise requires,—

(a) “Board” means the Jaipur Water Supply and Sewerage Board constituted under

Section 3;

(b) “bye –laws” means bye –laws made under this Act;

(c) “bulk water hauling” means the physical transport of water through a pipeline or by a

vehicle having a permanently mounted or detachable water tank.

(d) “Cess-pool” includes a settlement tank or other tank to receive or dispose off foul

matter from any premises;

(e) “Committee” means any Committee appointed under Section 15.

(f) “communication pipe” means –

(i) Where the premises supplied with water abut on the part of the street in which the main is laid, and the service pipe enters those premises otherwise than through the outer wall of a building on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies between the main and that stopcock;

(ii) In any other case, so much of the service pipe as it lies between the main and the boundary of the street in which the main is laid and includes the ferrule at the junction of the service pipe with the main, and also –


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A. where the communication pipe ends at a stopcock, that stopcock; and B. any stopcock fitted on the communication pipe between the end thereof

and the main;

(g) “domestic sewage” means the waste water from the residential premises, boarding

and lodging houses, hostels, hotels, public places, offices and all other establishments

as are not a part of any trade or industry, and arising out of personal and normal human

activities such as drinking, bathing, ablution washing and cooking;

(h) “drain” includes a sewer, tunnel, pipe, ditch, channel or any other device for carrying

spillage, sewage, sullage, offensive matter, polluted water, waste water, rain water or

sub-soil water together with pail depots, traps, sinks, cisterns, flush tanks, and other

fittings appertaining thereto.

(i) “government’ means the Government of Rajasthan;

(j) ‘ground-water’ means the water which exists below the surface of the ground at any

particular location;

(k) “Jaipur Urban Area” means the area within the limits of the Jaipur Nagar Nigam as

specified in the First Schedule and shall include such other areas as may be notified

from time to time;

(l) “Joint Managing Director” means the Joint Managing Director appointed by the

government.

(m) “Licensed Engineer or Plumber” means a person licensed under the provisions of this

Act as an Engineer or Plumber;

(n) “local authority” means a municipality or a panchayat or Jaipur Development

Authority or any department, authority, Board, agency etc., entrusted by the

government with the control or management of water and sewerage systems in the

Jaipur Urban Area;

(o) “notification” means a notification published in the Rajasthan Gazette; and the word

“Notified” shall be construed accordingly;


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(p) “premises” means any land or building or any part of land or building;

(q) “prescribed” means prescribed by Rules made under this Act;

(r) “main” means a pipe laid by the local body, or the Board, as the case may be for the

purpose of giving general supply of water as distinct from supply to individual

consumers, and includes any apparatus used in connection with such pipe;

(s) “Regulation” means a Regulation made under this Act;

(t) “Rules” means a Rule made under this Act;

(u) “scheme” means any scheme relating to the provision of water supply and sewerage

system and matters incidental thereto;

(v) “schedule” means the Schedule appended to this Act;

(w) “service pipe” means so much of any pipe for supplying water from a main to any

premises as is subject to water pressure from that main, or would be so subject but for

the closing of some tap;

(x) “sewage” means night soil and other contents of latrines, urinals, cesspools or drains,

and polluted water from sinks, bathrooms, stables, cattle sheds and other like places,

and includes trade effluent and discharges from manufacturers of all kinds;

(y) “sewer” means any device for carrying of sewage, sullage, rain water, offensive matter,

polluted water, waste water or sub-soil water and includes a drain;

(z) “sewerage” means a system of sewers for collection, treatment or disposal of sewage

and includes sewerage works;

(aa) “sewerage works” includes any sewer channel, duct, collection or treatment or

disposal units, pumping station, engine, mobile collecting unit, and other machinery

and any adjacent land not being private property and any land, building or other things

for collection or treatment of disposal of sewage.


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(bb) ‘sink’ with all its grammatical variations and cognate expressions in relation to any

existing well or new well includes digging, drilling or boring of new well and deepening

carried out in the existing well, for exploitation of ground-water;

(cc) “street” includes any way, road, lane, square, court, alley, gully, passage, whether a

thoroughfare or not and whether built upon or not, over which the public have a right

of way and also the roadway or footway over any bridge or causeway;

(dd) “supply pipe” means so much of any service pipe as is not a communication pipe;

(ee) “trade effluent” means any liquid either with or without particles of matter in

suspension therein, which is wholly or in part produced in the course of any trade or

industry carried on at trade premises, and in relation to any trade premises means any

such liquid as aforesaid which is so produced in the course of any trade industry carried

on at those premises, but does not include domestic sewage;

(ff) “trade premises” means any premises used or intended to be used for carrying on any

trade or industry;

(gg) “user of ground water” means a person or an institution including a company or an

establishment, whether government or otherwise, who or which uses ground-water

for any purpose, other than domestic purpose either on a personal or community basis;

(hh) “water fittings” includes pipes (other than mains), taps, valves, meters, bath and other

similar apparatus used in connection with the supply and use of conveying or storing

water;

(ii) “water supply” means a system of providing water to a community for meeting its

requirement for drinking and other domestic uses, industrial, recreational and other

public uses except for purposes of irrigation and generation of hydel power.

(jj) “water works” includes all lakes, tanks, streams, springs, pumps, wells, reservoirs,

water trucks, mains, clusters, pipes, standpipes, hydrants and all land, buildings, plant,

equipment and machinery, bridges and things used for or intended for the purposes of

water supply;


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(kk) “well” means a structure sunk for search or extraction of ground-water by any person,

except by the authorized officials of the government or Government of India, for

carrying out scientific investigation, exploration, development, augmentation,

conservation, protection or management of ground water and includes an open well,

dug well, bore well, dug-cum-bore well, tube well, filter point, collection well or

infiltration gallery, recharge well, disposal well, or any of their combinations or

variations, except any manual operated devise for extraction of ground water.


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CHAPTER – II

Establishment of the Board

3. Constitution and composition of the Board—

(1) Government shall, as soon as may be after the commencement of this Act by notification,

constitute a Board by the name of the “Jaipur Water Supply and Sewerage Board”. The

administrative department of the Board shall be the Local Self Government Department

or its successor nominated by the government;

(2) The Board shall be a body corporate by the name aforesaid having perpetual succession

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

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

shall by the said name sue and be sued;

(3) The Board shall for all purposes be deemed to be a local authority.

(4) The Board shall consist of following members ---

(a) Chairperson cum Managing Director appointed by government.

Following shall be ex-officio members of the Board:

(b) ACS/ Pr. Secretary, Urban Development and Housing Department (UDH);

(c) ACS/ Pr. Secretary, Public Health Engineering Department (PHED);

(d) ACS/ Pr. Secretary, government;

(e) ACS/Pr. Secretary, Finance Department;

(f) Chief Executive Officer, Jaipur Nagam Nigam;

(g) Commissioner, Rajasthan Housing Board;

(h) Commissioner, Jaipur Development Authority;

(i) Managing Director, RIICO;

(j) Regional Director, Central Ground Water Board, Jaipur as a special invitee;


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(k) Joint Managing Director, JWSSB

(l) Director (Technical), JWSSB

(m) Director (Finance), JWSSB

Following shall be nominated by the government through a notification in the Gazette as

non-official members:

(n) An expert in water sector

(o) An expert in sewerage sector

(p) A person to represent the interests of the general public

(5) The non-official members shall possess such qualifications and experience as may be

prescribed.

(6) Following members shall be governed by such conditions of services as may be prescribed

and be entitled to receive their salary and allowances from the funds of the Board.

a) Chairperson cum Managing Director, JWSSB

b) Joint Managing Director, JWSSB

c) Director (Technical), JWSSB

d) Director (Finance), JWSSB

(7) No act done by the Board shall be called in question on the ground only of the existence

of any vacancy or any defect in the constitution of the Board.

(8) To attend the meetings of the Board, an ex-officio member may depute any other officer

in his department, as may be prescribed by Regulations.

4. Authentication of orders and other instruments of the Board—

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

Chairperson cum Managing Director or any member authorized by the Board in this behalf

and all other instruments issued by the Board shall be authenticated by the signature of

such member or employee of the Board as may be authorized by the Board in this behalf.

5. Term of office and conditions for re-appointment of non-official members of the

Board—

The non-official members of the Board shall hold office for such period, and shall be

eligible for re-appointment under such conditions, as may be prescribed by the Rules.


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6. Disqualification for appointment as non-official members of the Board—

(1) A person shall be disqualified for being appointed as or continuing as a Non-Official

member of the Board, if he—

(a) has been convicted of an sentenced for any offence which in the opinion of the government involving moral turpitude, such sentence not having been reversed;

(b) is an undischarged insolvent; (c) is of unsound mind and stands so declared by a competent Court; (d) is an employee of the Board; (e) has directly or indirectly, by himself or by any partner, employer or employee,

any share or interest in any contract or employment with, by or on behalf of, the Board;

(f) is a director or a secretary, manager or other officer of any incorporated

company which has any share or interest in any contract or employment with,

by or on behalf of the Board

(2) A person shall not be disqualified under clause (e) or clause (f) of sub-section (1) or be

deemed to have any share or interest in any contract or employment within the meaning

of those clauses, by reasons only of his or the incorporated company of which he is a

director, secretary, manager, or other officer, having a share or interest in,-

(i) any sale, purchase, lease or exchange of immovable property or any agreement for the same;

(ii) any agreement for the loan of money or any security for the payment of money only;

(iii) any newspaper in which any advertisement relating to the affairs of the Board is inserted;

(iv) the occasional sale to the Board, if the sum paid as consideration does not

exceed ten thousand rupees in any one year, of any article in which he or the

incorporated company regularly trades.

(3) A person shall not be disqualified under clause (e) or clause (f) of sub-section (1) or be

deemed to have any share or interest in any incorporated company which has any share

or interest in any contract or employment with, by, or on behalf of the Board, by reason

only of his being a share holder of such company:

Provided that such person shall disclose to the government, the nature and extent of the shares held by him.


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Explanation- For the purposes of clause (d) of sub-section (1) the Chairperson cum

Managing Director or any member shall not be deemed to be an employee of the

Board.

7. Removal of non-official members—

(1) Government may, by notification, remove any non-official member from the office after

giving such person a reasonable opportunity of showing cause, if such person,-

(a) if he has, without the permission of the Board, been absent in three consecutive meetings of the Board;

(b) if he, being a legal practitioner, acts or appears on behalf of any person other than the Board in any civil, criminal or other legal proceedings in which the Board is interested, either as a party or otherwise; or

(c) if in the opinion of government, he is unsuitable or has become incapable of acting as a member or has so abused his position as a member as to render his continuance as such member detrimental to public interest.

(2) No order or removal shall be made under this section unless the non-official member

concerned has been given an opportunity to submit his explanation to government.

When an order for his removal is passed, another member may be appointed by

government to fill up the vacancy.

(3) A non-official member who has been removed shall not be eligible for re-appointment

as member in any other capacity to the Board.

8. Filling of Vacancy—

(1) Any vacancy in the office of the Chairperson cum Managing Director or a non-official

member shall be filled in as early as practicable.

(2) Notwithstanding anything contained herein, the continuing members may during such

vacancy act, as if no vacancy had occurred.


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9. Meetings of the Board—

(1) The business at the meeting of the Board shall, subject to the following clauses, be

transacted in accordance with such Regulations as the Board may make in that behalf-

(a) an ordinary meeting shall generally be held once every three months at such

place and a such time as the Chairperson cum Managing Director may decide;

(b) the Chairperson cum Managing Director may, whenever he thinks fit, call a

special meeting;

(c) every meeting shall be presided over by the Chairperson cum Managing

Director and in the absence of such person, an ex-officio member elected by

the members present at the meeting shall preside;

(d) all matters at any meeting shall be decided by a majority of the members

present and in case of equality of votes, the person presiding the meeting shall

have and exercise a second or casting vote;

(e) the quorum for an ordinary meeting shall be minimum four members and that

of a special meeting shall be minimum five members;

(f) the minutes of the meeting shall be recorded in a book maintained for the

purpose.

(2) No disqualification or defect in the appointment of a member of the Board shall be

deemed to vitiate any act or proceeding of the Board, if such act or proceeding is

otherwise in accordance with the provisions of this Act.

10. Chairperson cum Managing Director

The Chairperson cum Managing Director is the principal officer of the Board and shall be

subject to overall control of government. All other employees of the Board shall be

subordinate to such person.


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11. Powers and functions of the Chairperson cum Managing Director—

(1) The Chairperson cum Managing Director shall supervise and control all the employees

including any officer of the government appointed on deputation to the Board. He shall

be responsible for collection of all sums due to the Board and payment of all sums payable

by the Board. He shall ensure adequate security of all assets including cash balances of

the Board. Besides the said powers and duties, he shall also exercise the powers and

duties delegated by the Board, and shall perform and discharge the following functions

and duties:

(i) management and supervision of operations of the Board; (ii) except as otherwise provided, appointment of the employees as per the sanctioned

strength and appointment of consultants, including their removal, dismissal or otherwise punishing them in accordance with the Regulations made by the Board;

(iii) promulgation of internal procedures for the proper management of the Board; (iv) administration of projects and schemes of the Board; (v) grant of any permission required to be given under this Act or refusal thereof on

behalf of the Board; (vi) calling tenders, scrutinize them and approve or reject them; (vii) executing agreements and entering into contracts for and on behalf of the Board;

and

(viii) all other powers functions and duties as may be determined by Regulations.

12. Creation of posts and appointment of persons

The Board in order to carry out its functions under this Act may create requisite posts

as may be required from time to time and appoint persons to such posts. However, the

Board shall not without the prior approval of the government create posts and appoint

a person.

13. Applicability of service rules—

The terms and conditions of service of the persons appointed by the Board shall be

governed under the Rajasthan Service Rules and Finance Department circular No.

P.13(1)Fin/Rules/2003 dated 7.9.2006, as amended from time to time.


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14. Delegation of powers—

(1) The Board may by notification direct that any power conferred or duty imposed on it

under this Act shall in such circumstances and under such conditions, if any, as may be

specified in the notification, be exercised and performed by the Chairperson cum

Managing Director.

(2) The Chairperson cum Managing Director shall determine the powers, functions and duties

of other officers of the Board.

15. Appointment of Committees—

(1) The Board shall constitute a Tariff Committee consisting of its members and such other

persons including elected representatives as the government may suggest, for

recommending revision of tariff from time to time. While recommending revision of tariff

the Tariff Committee shall consider policies of the government with regard water supply

and wastewater management.

(2) The Board shall constitute a Project Formulation Committee consisting of its members,

elected representatives and other persons as specified in the Regulations to assist the

Board in the planning and implementation of schemes and projects.

(3) In addition to the Committees specified in sub-section (1) and (2) above, the Board may

from time to time appoint any other Committee consisting of Board members and such

other persons who are experts in the subject matter for the purpose of discharging such

duties or performing such functions and on such terms and conditions as may be

prescribed by Regulations.

(4) Every Committee constituted under this section shall carry out instructions given to it by

the Board and every decision of such Committee shall, subject to any Rule to the contrary,

be laid before the Board for confirmation.

(5) The Committees constituted under this section shall meet at such place and at such time

as may be decided by the Chairperson cum Managing Director of the Committee and shall

observe such rules of procedure in regard to the transaction of business at its meetings

as may be provided by Regulations.


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(6) The members of the Committees may be paid such allowances for meeting the personal

expenditure in attending the meetings and for attending to any other work of the

Committees as may be prescribed.


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CHAPTER - III

General Powers, Functions and Duties of the Board

16. General Powers of the Board—

(1) The Board shall, subject to other provisions of this Act, have powers to do anything that

may be necessary or expedient for performing its duties and discharging its functions

under this Act within its jurisdiction;

(2) Without prejudice to the generality of the foregoing provisions, the Board shall for the

purpose of carrying out its functions under this Act have the following powers –

(a) Prepare, plan, execute, promote and finance schemes and projects for the development and management of water supply and sewerage systems;

(b) acquire land as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and hold movable and immovable property as it deems necessary and lease, sell or otherwise transfer any such property subject to conditions prescribed;

(c) abstract, treat, supply and distribute water in the prescribed manner and also where necessary treat, supply and distribute recycled water in accordance with the prescribed standards.

(d) lay mains, service pipes and communication pipes and provide for fire hydrants stopcocks, water meters etc. in the prescribed manner;

(e) inspect all water supply and sewerage systems;

(f) construct, operate, maintain and regulate water supply and in this regard place and maintain conduits and lines of mains or pipes over, under, along or across any immovable property whether within or without the limits of the Jaipur Urban Area by acquiring right of user in the property in the prescribed manner;

(g) construct, operate, maintain and regulate sewerage systems and in this regard lay sewerage sewage treatment works, lay service pipes, close or limit the use of private drains or may place or maintain or construct sewers and sewage treatment works over, under, along or across any immovable property whether within or without the local limits of the Jaipur Urban Area, by acquiring right of user in the property in the prescribed manner.


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(h) plan for, regulate the use of and manage abstraction of raw water and ground water in the prescribed manner;

(i) to render all necessary services in regard to water supply and sewerage to the government, local authorities, corporation, any other government entity and on request, to private institutions and individuals also;

(j) seek any data or information as deemed necessary, from the local authorities and other agencies operating within its jurisdiction, for the proper discharge of its functions under this Act;

(k) assess, fix and revise from time to time, the rates, rentals, fees, cess and such other charges for water supply and sewerage services and all other kinds of services rendered by the Board under this Act. The water charges so fixed by the Board shall be increased by at least 10% every year.

(l) levy and appropriate rates, rentals, fees, cess and such other charges for the services rendered;

(m) enter into a contract or agreement for carrying out its duties and functions under this Act;

(n) prepare, consider and approve the annual budget and submit it to government;

(o) borrow money, issue debentures, obtain subventions, capital contributions, loans and grants, etc.;

(p) grant loans and advances to such persons or authorities as the Board may deem necessary for performing its functions;

(q) accept donations and grants as approved by the Board;

(r) provide bulk water hauling to any government, local authority, institution or individual during an emergency situation such as drought, water shortage, pump failure or power failure or water quality problem etc.;

(s) provide training for its own personnel or other persons engaged in the water supply and sewerage services;

(t) enter into an agreement on public private partnership basis with any individual, company, firm, society, trust or a government agency or any other agency to execute


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any type of project relating to water supply and sewerage and collect and retain fees for such services.

(u) To operate, run and maintain any water works and sewerage system, if and when so directed by government, on such terms and conditions and for such period as may be specified by it;

(v) exercise such powers as are conferred on the Board under other provisions of this Act.

17. Functions and duties of the Board—

(1) The Board shall be charged with the general duty of providing water supply and improving the existing water supply and making adequate provisions for the sewerage management and disposal in the Jaipur Urban Area and for the efficient discharge of such duty the Board shall exercise such powers and perform such functions as are conferred or imposed by or under this Act.

(2) Without prejudice to the provisions of sub-section (1), Board shall have the following duties, namely:-

(a) supply wholesome water in the Jaipur Urban Area as per CPHEEO standard or Bureau of Indian Standards (BIS) or standards determined in consultation with State Pollution Control Board or standards fixed by PHED, including planning, designing, constructing, maintaining, operating and managing the water supply systems;

(b) provide sewerage, sewage disposal and sewage treatment works including planning,

designing, constructing, maintaining, operating and management of all sewerage and sewage treatment works in the Jaipur Urban Area.

(c) at the instance of the government or a local authority or suo motu, investigate the nature and types of schemes that can be implemented for the provision of drinking water or sewerage systems within the Jaipur Urban Area and prepare and carryout such schemes;

(d) estimate, finance, design, construct, alter, repair, operate and maintain the schemes for water supply and sewerage systems;

(e) make provisions for unfiltered water supply;

(f) promote measures for conversion, recycling and re-use of water;

(g) provide meters and carry out commercial services like meter reading, billing and revenue collection;


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(h) entrust any of its functions referred to in this section to a local authority, research institute, government undertaking, limited company, registered society, trust, partnership firm, proprietorship firm, or such other legal entity with the previous approval of the Board;

(i) provide technical assistance or give advice to any agency in the execution and maintenance of water supply and sewerage systems;

(j) review annually the technical, financial, economic and other aspects of water supply and sewerage systems;

(k) such other functions as may be entrusted to the Board by government by notification in the Gazette.


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CHAPTER IV

Water Supply

18. Vesting of works with the Board—

(1) On and from the date of coming into force of this law, all public reservoirs, tanks, cisterns, fountains, wells, bore wells, pumps, pipes, taps, conduits and other works connected with the water supply to the Jaipur Urban Area, including the headworks, reservoirs and the rising mains, and all bridges, building, machinery, works materials and other things connected therewith and all land (not being private property) adjacent and appertaining thereto, shall vest with the Board and be subject to its control.

19. Water supply for domestic purpose not to include any supply for certain specified

purposes —

(1) The water supply for domestic purpose under this Act shall not be deemed to include any supply for commercial or industrial purpose and in particular any supply:

(a) for any trade, manufacture or business;

(b) for gardens or for purpose of irrigation;

(c) for building purposes;

(d) for fountains, swimming baths, public baths or tanks or for any ornamental or mechanical purposes;

(e) for animals, where they are kept for sale or hire or for the sale of their produce or any preparation therefrom;

(f) for the consumption and use by the inmates, in hotels, commercial boarding houses and residential clubs;

(g) for the consumption and use by the persons visiting to theatres and cinemas;

(h) for construction or for watering streets; or

(i) for washing vehicles where they are kept for sale or hire; but shall be deemed to include a supply—

(a) for flushing latrines and drains; and

(b) for all baths other than swimming baths or public baths


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20. Water supply for domestic purpose not to be used for non- domestic purpose—

No person shall, except in such circumstances or subject to such conditions as may be prescribed, use or allow to be used the water supply for domestic purpose for any purpose other than domestic purpose.

21. Water supply for non-domestic purposes—

An authorized officer of the Board may supply water for any purpose other than a domestic purpose, on such terms and conditions consistent with this Act and the Regulations made there under.

22. Providing public water supply system—

(1) The Board may, subject to the payment by a local authority of such charges as may be determined by the Board, provide gratuitous supply of wholesome water to the public within Jaipur Urban Area and may for that purpose, erect public stand posts or other conveniences.

(2) Any such public stand posts or other conveniences provided under sub-section (1) above may be closed by the Board in consultation with the local authority concerned if such facilities are no longer required for the purpose of supply of wholesome water to the public.

23. Prohibition of waste or misuse of water—

(1) No owner or occupier of the premises to which water is supplied by the Board shall cause or suffer any water to be wasted or misuse or suffer the services pipe or any tap or other fitting or work connected therewith to remain out of repair so as to cause wastage of water.

(2) Whenever the Board has reason to believe that as a result of defect in a service pipe or tap or other fittings or works connected therewith water is being wasted, the Board may, by return notice require the consumer to repair and make good the defect within such time as may be prescribed.

(3) If such repair is not carried out within the time specified the Board may, without prejudice to any action against the consumer under any other provision of this Act cause such repair to be made. The cost of such repair shall be realized from the consumer.


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24. Power to cut off water supply—

(1) The Board may cut off the water supply (except the water supply provided for general public) from any premises,--

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

regarding water supply issued by the Board within the period specified therein; (b) if any charges or any other sum due for water or for the cost of making

connection or the hire of a meter or the cost of carrying out any work or test connected with the water supply which is chargeable to any person by or under this Act is not paid within fifteen days after a bill for such charges or sums has been presented or served;

(c) if after receipt of a notice from the Board requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of the provisions of this Act or any Rule made thereunder;

(d) if the owner or occupier willfully or negligently damages the meter or any pipe or tap conveying water;

(e) if the owner or occupier refuses to admit the officer or person authorized by the Board in this behalf into the premises which he proposed to enter for the purpose of executing any work or placing or removing any apparatus or making any examination or enquiry in connection with the water supply or prevents such officer or person from executing such work, or placing or removing such apparatus or making such examination or enquiry;

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

on examination by any officer or person authorized by the Board to be out of repair to such an extent as to cause waste or contamination of water;

(g) if the owner or occupier causes pipes, taps, works or fitting connected with the

water supply to be placed, removed, repaired, or otherwise interfered with a contravention of the provisions of this Act or of the Rules or Regulations made thereunder;

(h) if the consumer fails to provide proper disposal or treatment of the used water

from his premises, in accordance with the provisions of the Rajasthan

Municipalities Act, 2009, the Water (Prevention and Control of Pollution) Act, 1974(Central Act 6 of 1974) or any other law for the time being in force.


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Provided that the Board shall not cut off the water supply unless notice of not less than three days has been given to the owner or occupier of the premises, except in cases involving contamination of water supplies, where no such notice need be given;

(2) (a) The owner and the occupier of the premises shall be jointly and severally liable for

the payment of all the sums referred to in clause(b) of sub-section (1);

(b) The sums referred to in clause (a) shall be a charge on the premises.

(3) The expenses of cutting off the supply shall be payable by the owner and occupier of the premises jointly and severally.

(4) In a case under clause (b) of sub-section (1) as soon as any money for non-payment of

which water has been cut off, together with the expenses of cutting off the supply, including any penalties levied thereon has been paid by the owner or occupier, the Board shall cause water to be supplied as before, on payment of the cost of re-connecting the premises with the water works.

(5) Action taken under this section against any person shall be without prejudice to any penalties to which he may otherwise be liable.

25. Joint and several liability of owners and occupiers for offence in relation to water

supply—

(1) If any offence relating to water supply is committed under this Act, on any premises connected with the water works of the Board, the owner, the person primarily liable for the payment of charges for water, and the occupiers of the said premises shall be jointly and severally liable for such offence.

26. Non- liability of Board when supply reduced or not made in certain cases—

(1) The Board shall not be liable to any penalty or damages for cutting off the water supply or for not supplying water in the case of unusual drought, other unavoidable cause or accident, or the necessity for re-laying or repairing pipes.

27. Work to be done by Licensed Engineer or Plumber—

(1) No person other than a Licensed Engineer or Licensed Plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a Licensed Engineer or Licensed Plumber:


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Provided that if, in the opinion of the authorised officer of the Board, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a Licensed Engineer or Licensed Plumber.

(2) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Board without prejudice to the right of the Board to prosecute under this Act the person at whose instance such work has been executed.

28. Prohibition of certain Acts—

(1) No person shall—

(a) willfully obstruct any person acting under the authority of the Board in setting out the lines of any works or pull, or remove any pillar post or stake fixed in the ground for the purpose of setting out the lines of such work or deface or destroy any works made for the same purpose; or

(b) willfully or negligently break, injure, turn on, open, close, shut off or otherwise

interfere with any lock, cock, valve, pipe, meter or other works or apparatus belonging to the Board; or

(c) unlawfully obstruct the flow of or flush, draw off or divert, or take, water from any

water works belonging to the Board or any water course by which any such water is supplied; or

(d) obstruct any officer or other employee of the Board in the discharge of his duties

under this chapter or refuse or willfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry there under in relation to any water works; or

(e) bathing, at or upon any water works or wash or throw or cause to enter therein

any animal or throw any rubbish, dirt or filth into any water works or clean therein any cloth cause water of any sink, or drain or any steam engine or boiler or any polluted water to turn or be brought into any water works, or do any other act whereby the water; any water works is fouled or likely to be fouled.

(f) except with the previous permission duly obtained from the Board or any other officer authorized by the Board in this behalf, enter on land vested in the Board erect any building, wall or other structure over such land.


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(2) Nothing in cause (b) of sub-section (1) shall apply to a consumer closing the stop-cock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby.


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CHAPTER V

Sewers and Sewerage Management by the Board

29. Vesting of sewerage and sewage treatment works—

(1) On and from the date of commencement of this Act, all public sewers and other sewers and sewerage disposal works and other sewerage works, materials and things appertaining thereto within the Jaipur Urban Area and all land appertaining or adjacent, shall vest in the Board, and be subject to its control.

(2) All the public and other sewers which are vested in the Board are hereafter in this Act referred to as Board sewers.

(3) All sewerage house connection with the board sewers, including those of owners or occupiers of domestic, commercial, industrial trade or business whether within or without the premises to which they belong, shall be under the control of the Board, but shall be altered, repaired and kept in proper order at the expense of the owner or occupier to which they belong, or for the use of which they were constructed and in conformity with the Regulations made in that behalf.

30. Certain matters not to be passed into Board sewers and sewage treatment works—

(1) Save as otherwise provided in the Water (Prevention and Control of Pollution) Act 1974, relating to discharge and disposal of industrial effluents and other objectionable effluents, no person shall throw empty, or turn into any Board sewers, referred to in Section 29 any matter that damage or interfere with the free flow of its contents or pre-judicial to the health.

(2) The Board shall ensure that the sewage or effluent from the Board sewer or any private sewer or drain connecting to the Board sewer are not emitted, discharged, seeped, leaked or otherwise escaped from the Board sewer or any part thereof into a piped water supply, well water supply, a watercourse, ground water or surface water or onto the surface of the ground so as to cause any hazard to health or environment

31. Construction and maintenance of sewers and sewage disposal works—

The Board shall maintain and keep in repair all Board sewers and sewage disposal works and shall construct as many new drains and sewage disposal works as may from time to time be necessary for effectual sewerage and sewage disposal within its jurisdiction.


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32. Charges towards the use of Board sewerage system—

Every occupier of both domestic and non-domestic premises shall pay to the Board at such rate as may be prescribed, to defray the capital cost of sewerage and sewage treatment works undertaken by the Board and the operation and maintenance of the sewerage system from time to time:

Provided that no such charges shall be levied in any premises situated in the areas which are not served by the sewerage system of the Board.

33. Right of owner or occupier to obtain sewer connection

The owner or occupier of any premises shall be entitled to empty sewage of the premises

into a sewer of the Board, provided that before so, he

(a) Obtained written permission of the Board and pays connection fee and other charges as may be prescribed;

(b) Complies with such conditions as may be prescribed.

34. Drainage of undrained premises—

Where any premises are, in the opinion of the Board, without sufficient means of effectual drainage and a Board sewer or the place approved by the Board for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty-five meters from any part of the said premises, it may, by written notice, require the owner of the said premises, to have sewer connection and he fails to do so, he shall be liable to pay charges in accordance with Section 72 of this Act.

35. New premises not to be erected without drains or sewers—

(1) It shall not be lawful to erect or re-erect any premises or occupy such premises any part of which is situated within a distance of thirty-five meters from a Board sewer unless a drain or sewer necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises is constructed to the satisfaction of the Board for effectual flushing the drain of the said premises.

(2) The drain so constructed shall empty into a Board sewer.


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36. Power to drain group or block of premises by combined operations—

If it appears to the Board that any group or block of premises may be drained more economically or advantageously in combination than separately, and a Board sewer of sufficient size already exists or is about to be constructed within thirty-five meters of any part of that group or block of premises, the Board may cause that group or block of premises to be drained by a combined operation in such manner as may be prescribed.

37. Power of Board to close or limit the use of private drains in certain cases—

Where in the opinion of the Board, a drain connecting any premises with a Board sewer is not adapted to the general system of sewerage in the Jaipur Urban Area, it may, by written notice addressed to the owner of the premises, direct such drain to be closed, discontinued or destroyed. In such cases, the Board shall, at its own cost, provide another drain equally effectual for the drainage of the premises and communicating with any Board sewer.

38. Sewage and rain water drains to be distinct—

Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Board to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate Board sewer or other suitable places.

39. Connection with sewers and sewage treatment works not to be made without

permission—

No person or any local authority as the case may be, shall for any purpose whatsoever, at any time make or cause to be made any connection or communication with the sewerage or sewage treatment works referred to in Section 29, except with the written permission of the Board or an officer authorised by it in this behalf and subject to such terms and conditions as may be prescribed therefor.

40. Buildings and private streets not to be erected or constructed over sewers without

permission—

Without the written permission of the Board no private street shall be constructed and no building, wall, fence or other structure shall be erected on any Board sewer constructed or maintained by, or vested in, the Board. Any contravention of this Section shall entitle the Board to remove such construction or otherwise deal with the same as it


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thinks fit and recover the expenses in connection thereto from owner of the private street or of the building, wall, fence or other structure, as the case may be, by the person offending and shall be recoverable as an arrear of charges payable under this Act.

41. Power to affix shafts, etc., for ventilation of sewer or cesspool—

For the purpose of ventilating any sewer or cesspool, whether vested in the Board or not, the Board may, in accordance with Regulations made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to it to be necessary.

42. Power to examine and test sewers, etc., believed to be defective—

(1) Where it appears to the Board that there are reasonable grounds for believing that a private sewer or cesspool is in such condition as to be prejudicial to health or a nuisance or that a private sewer communicating directly or indirectly with a Board sewer is so defective as to admit sub-soil water, it may examine its condition and for that purpose may apply any test, other than a test by water under pressure, and if it deems it necessary, open the ground.

(2) If on examination, the sewer or cesspool is found to be in proper condition, the Board shall, as soon as possible, reinstate any ground which has been opened by it and make good the damage done by it.

43. Work to be done by licensed Engineer or plumber—

(1) No person other than an engineer or a plumber licensed by the Board or an officer authorised by the Board in this behalf shall issue a certificate for the execution of the work under this chapter relating to internal sewerage connection of a premises.

Provided that if, in the opinion of the officer authorized in this behalf by the Board, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a Licensed Engineer or Plumber.

(2) No sewerage connection shall be given to the owner or occupier of premises unless the internal sewerage connection of such premises has been duly executed by the Licensed Engineer or Plumber:

Provided that, such certificate shall not be necessary in respect of trivial nature of work as provided by the Regulations or as the case may be the bye-laws made in this behalf.


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(3) The Board may make Regulations for compliance by the Licensed Engineers or Plumbers and a copy of all such Regulations shall be attached to every license granted to an engineer or a plumber by the Board.

(4) The Board may, from time to time, prescribe the charges to be paid to the Licensed Engineer or Plumber.

(5) If any person contravenes the provisions of this section, his licence shall be suspended or cancelled in addition to the prosecution under this Act.

44. Prohibition of certain acts—

No person shall,—

(a) wilfully obstruct any person acting under the authority of the Board in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out lines of such work, or deface or destroy any works made for the same purpose; or

(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, or other work or apparatus belonging to the Board and pertaining to its duties and functions under this Chapter; or

(c) unlawfully obstruct the flow of or flush, draw off, divert or take sewage from any sewage work belonging to the Board; or

(d) obstruct any officer or other employee of the Board in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any sewage work.

45. Powers to disinfect tanks, pools and wells:

Any officer or servant authorized by the Board in that behalf may have any tank, pool or

well, cleaned or disinfected after notice to the owner or occupier, if any, when it appears

that such cleaning or disinfection will prevent or check the spread of any dangerous

disease, the cost of cleaning or disinfection shall be recoverable by the Board from the

owner or occupier of such tank, pool or well.


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CHAPTER VI

TRANSFER OF ASSETS AND LIABILITIES TO THE BOARD

46. Transfer of assets and liabilities of existing entities to the Board–

(1) Subject to other provisions of the Act, all assets, liabilities and funds, if any, of the existing

entities relating to water supply and sewerage services for the Jaipur Urban Area shall

stand transferred to, and vest in, the Board from the date in accordance with the Rules

and policies notified by government. Government may notify different dates for vesting

of different assets and liabilities under this section. For the purpose of this chapter PHED,

JNN, JDA, RIICO, RHB and any other entity that is dealing with water supply and sewerage

services shall be referred to as existing entities.

(2) Where any water works situate outside Jaipur Urban Area is utilised partly for water

supply for that area and partly for other areas or purposes, the Board and government

shall enter into an agreement not later than three months from the date of coming into

force of this Act specifying the nature and extent of the Board’s control over such works,

the quality and quantity of water to be supplied for that area and other matters

connected therewith provided that in the absence of such agreement or until such time

as such agreement is reached, the government shall be responsible for the continuance

and maintenance of the arrangements and works in existence on the date of coming into

force of this Act.

(3) The assets transferred to the Board shall include all works in progress and all water works

and sewerage works situated in or outside Jaipur Urban Area and connected with the

services aforesaid. Further the assets relating to water supply and sewerage services

shall be deemed to include all the rights, powers, authorities and privileges, and all

property, movable and immovable, including cash balances, deposits, funds and

investments and all other interests and rights in or arising out of such property and all

books, accounts and documents relating thereto as may be in the possession or control

of existing entities immediately before the notified date, and the liability relating thereto

shall be deemed to include all debts, liabilities and obligations pertaining to such

services.


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47. Existing entities to furnish information to the Board–

Within 30 days of establishment of Board, the existing entities shall furnish the following

information to the Board;

a) Description and details of all the assets and liabilities transferred to the Board

under this Act;

b) Details about contracts, projects, schemes undertaken by existing entities and

which are transferred to the Board under this Act;

c) Particulars about the legal proceedings by or against them in connection with any

assets or liabilities transferred to the Board under this Act and pending as on the

date of establishment of the Board.

48. Duty to transfer assets to Board–

Where any property or assets have been transferred to and vested in the Board under

sub-section (1) of Section 46, then;

a) Every person, in whose possession, custody or control any such property or assets

may be, shall deliver the property or assets to the Board forthwith.

b) Any person who on the notified date, has in his possession, custody or control any

papers, books, documents, registers, records, or any property of whatever nature,

relating to the water supply and sewerage systems referred to the sub-section (2)

of Section 46 shall be liable to deliver them to the Board or to such person as the

Board may direct.

49. Continuance of existing contracts, legal proceedings, notifications, orders, bye-laws etc.

–

(1) Any notification, order, scheme, rule, bye-law, form or notice made or issued, and any

permit or permission granted by existing entities in so far as it relates to water supply or

sewerage service in or for the purpose of the Jaipur Urban Area, shall continue in force

and be deemed to have been made, issued or granted under the provisions of this Act,

unless and until it is superseded by any notification, scheme, order, bye-laws, Rules,

Regulation, form or notice made or issued or any permit or permission granted under

this Act;


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(2) All obligations and liabilities incurred, all contracts entered into, all matters and things

engaged by, with, or for existing entities, before the notified date in connection with the

water supply or sewerage service in or for the purpose of the Jaipur Urban Area, shall be

deemed to have been incurred, entered into or engaged by, with, or for the Board;

(3) All suits, prosecutions, appeals or other legal proceedings of whatever nature instituted

or which might have been instituted by or against existing entities, in so far as they relate

to the assets and liabilities transferred to the Board under Section 46, may be continued

or instituted by or against the Board.

50. Transfer of employees of PHED, JNN RHB, RIICO, JDA, or any other government

employees to the Board–

As from the date notified by government, all existing employees working within the Jaipur

Urban Area in connection with water supply and sewerage management and belonging

to PHED, JNN RHB, RIICO, JDA and such other government agencies, shall stand deputed

to the Board. The deputation of such employees shall initially be for a period of five years

and during the period of their deputation they shall be deemed to be employees of the

Board with such designation and will discharge such functions as the Board may

determine. Such employees shall hold office at the same remuneration and on the same

terms and conditions, as they would have held if Board had not been established and shall

continue to do so until such remuneration and terms and conditions are duly altered by

the Board. On expiry of the period of initial tenure of 5 years, such employees may be

continued at their option as the employees of the Board or be reverted to their existing

entities, as the case may be. The other terms and conditions of service of employees

deputed to the Board shall be governed under the Rajasthan Service Rules and Finance

Department circular No. P.13(1)Fin/Rules/2003 dated 7.9.2006, as amended from time to

time.

Provided that the tenure, remuneration and terms and conditions of service of any such

officer or employees transferred to the Board shall not be altered to their disadvantage

without the previous approval of government.

Provided further that any services rendered by employee so transferred to the Board

under this section before the establishment of the Board shall be deemed to be services

rendered under the Board.


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51. Transfer of any other government employees to the Board–

(1) As soon as may be after notified date, the government may, after consulting the Board,

directly by general or special order, provide that such of the employees, other than those

employees, referred to in Section 50 serving, immediately before the said date in

connection with the affairs of the government as are specified in such order shall stand

allotted to serve in connection with the affairs of the Board with effect on and from such

date as may be specified in such order.

Provided that no such directions shall be issued in respect of such person without his

consent for such allotment;

Further provided that conditions of service applicable immediately before the notified

date to any such person shall not be varied to his disadvantage except with the previous

approval of the government.

(2) With effect on and from the date specified in the order under sub-section (1) the persons

specified in such order shall become employees of the Board and shall cease to be

employees of the government.

Provided that any services rendered to the government by employee so transferred to

the Board under this section before the establishment of the Board shall be deemed to

be services rendered under the Board.

52. Transfer of Provident Fund to the Board–

(1) The moneys standing to the credit under the Provident Fund Account of any officer or

servant transferred from the service of the existing entities to the Board's service, on the

notified date together with any other assets belonging to such fund shall stand

transferred to and vest in the Board with effect on and from the notified date.

(2) The Board shall as soon as may be after the notified date constitute in respect of the

moneys and other assets which are transferred to and vested in it under sub-section (1) a

similar fund and may invest the accumulations under the fund in such securities and

subject to such conditions, as may be specified by the Board with the approval of

government.


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Explanation.- In this section and in sections 50, 51 and 53 "notified date" in regard to persons

who are deemed to have been allotted to the Board's service under section 50 means such

date as is notified by government in this behalf; and in regard to persons, who were allotted

by government to the Board's service under section 51 means the respective dates on which

such persons become the employees of the Board.

53. Government to credit the leave salary and pension contributions in respect of the officers

and servants transferred to Board's service –

Government shall credit the leave salary and pension contributions in respect of the officers

and servants transferred to the service of the Board in proportion to the leave at the credit

of such officers and servants or in proportion to the length of their service under the

government, as the case may be, according to the terms and conditions as are applicable to

them under the government on the notified date.

54. Settlement of disputes –

(1) All questions relating to transfer and vesting of any asset or property under sub-section

(1) of section 46, including identification and valuation of assets and liabilities and any

financial arrangement shall be determined.

a. in the case of a government department or a government agency, by agreement

between the government department or a government agency and the Board; and

b. in the case of any other existing authority, by a committee consisting of a nominee of

the Board and of the existing authority concerned.

(2) If the decision of the committee on any question is not acceptable to the Board or the

existing authority concerned, the matter shall be referred to government whose decision

thereon shall be final.

(3) The value determined under this section shall be entered in the books of the Board as the

value on the date of transfer.

55. Ban on compensation claim due to transfer of services to the Board–

Notwithstanding anything contained in the Industrial Dispute Act, 1947 or any other law for

the time being in force, the transfer of the services of any person to the Board under this Act

shall not entitle such person to any compensation under any law and no such claim shall be

entertained by any court, tribunal or any other authority.


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CHAPTER VII

Contract, Finance, Accounts and Audit

56. Contract by or on behalf of the Board

(1) Contracts by or on behalf of the Board shall be made in accordance with the following

provisions;

a) Every contract shall be made on behalf of the Board by the Chairperson cum

Managing Director and shall be in writing;

b) No such contract for any purpose which in accordance with any provision of this

Act, the Chairperson cum Managing Director may not carry out without the

approval or sanction of Board or government, shall be made by him until or unless

such approval is granted.

c) The Chairperson cum Managing Director may sanction any estimate or contract

(including technical and administrative) involving such amount, as may be

prescribed.

d) All other estimates or contracts shall be sanctioned by the Board.

(2) The manner and procedure for giving contract, shall be such as may be prescribed.

57. Board’s Fund—

(1) The Board shall have its own fund called “Water and Sewerage Fund”, which shall be

deemed to be the local fund and to which shall be credited all moneys received by or on

behalf of the Board, otherwise by way of loans.

(2) The Board may, with the previous approval of government, establish such other funds as

may be necessary for the efficient performance of its duties and discharge of its functions

under this Act.

58. General Principles of Board’s Finance—

(1) The Board for the purpose of carrying out its operations under this Act, shall levy cess,

rates, fees, rentals and other charges by whatsoever name called, and shall revise the

same from time to time and may recover interest on the amount payable to it for the

services rendered by it under this Act, at such rate as may be specified by Regulations.


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The charges levied by the Board in this regard shall inter-alia include for the following

services;

a) for water supply;

b) for management and disposal of waste water;

c) for provision of meters or their testing or repairs;

d) deposits as security for payment of any charges towards its services;

e) for any other purpose whatsoever to carry out its functions under this Act.

(2) The rates, fees, rentals, cess and other charges referred to in sub-section (1) above shall

be so fixed as overall to ensure to provide sufficient revenue—

(a) For meeting repayments of loans and other borrowings;

(b) To provide for capital works as are necessary from time to time;

(c) For covering operating expenses and interest payments and to provide for adequate maintenance and depreciation;

(d) To finance normal year to year improvements;

(e) To provide for the salaries, allowances and remuneration of employees and all other administrative and personnel expenditure of the Board; and

(f) For providing such other purposes beneficial for the promotion of water supply and disposal of sewage in the Jaipur Urban Area as the Board may determine.

Provided that the Board may fix different rates, fees, rentals, cess and other charges referred to in sub-section (1), for different categories of users based on their affordability, geographical position of any area and any other factors as may be prescribed.

(3) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of

land or any other kind of property sold by the Board, all charges, cess, all interests, profits

and other moneys accruing to the Board shall constitute the fund of the Board. Provided

however that, any such sale of the land by the Board shall be with prior approval of

government.

(4) No part of the revenues of the Board, after meeting the expenses referred to in clauses

(a), (b) and (c) of sub-section (1) shall be used to augment the reserves of the Board other

than the reserves referred to in Sections 66 and 67 of this Act or for the general purposes

of the Board including expenses in connection with capital works, other than

improvement works.


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59. Estimates of income and expenditure of the Board to be laid annually and considered by

the Board—

(1) The Chairperson cum Managing Director shall, at a special meeting to be held prior to

the closing of each year or on any other date as may be decided by the Board, lay before

the Board an estimate of the income and expenditure of the Board for the next ensuing

year.

(2) Every such estimate shall make provision for the due fulfillment of all the liabilities of the

Board and for the efficient administration of this Act.

(3) Every such estimate shall differentiate capital and revenue funds, and shall be prepared

in such form and shall contain such details, as the Board may, from time to time, specify.

(4) Every such estimate shall be compiled and a copy thereof sent, by post or otherwise, to

each Director atleast ten 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 budget

estimate shall be laid before the Board at a special meeting to be held in the month of

December, in each year.

(6) The Board shall consider every estimate so laid before it and shall sanction the same,

either without modifications or with such modifications as it may think fit.

60. Approval of government to estimates. —

(1) Every such estimate, as sanctioned by the Board, shall be submitted to government who

may at any time within three months after receipt of the same,-

a. approve the estimate, or

b. 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

shall resubmit the estimate as amended, to government who may then approve it.


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61. Supplementary estimate. —

(1) The Board may at any time, during the year for which any estimate has been sanctioned,

cause a supplementary estimate to be prepared and laid before it at a special meeting.

(2) The provisions of sub-sections (3), (4) and (6) of section 59 and section 61 shall apply to

every supplementary estimate.

62. Restriction on unbudgeted expenditure—

(1) In the opinion of the Board, when any circumstance of extreme urgency have arisen, no

sum exceeding 10% of the annual budget shall be expended by the Board in any year of

account.

(2) Where any such sum is expended under circumstances of extreme urgency, a report

thereon indicating the source from which it is proposed to meet the expenditure shall

be made as soon as practicable to government.

63. Subventions, loans and grants to the Board—

For the purposes of this Act, the government may, from time to time, make subventions

and grants or advance loans to the Board or any local authority on such terms and

conditions as the government may in each case determine.

64. Power of Board to borrow and lend—

(1) With the previous sanction of the government and subject to the provisions of this Act

and the Rules made thereunder and subject to such conditions as may be specified by

the government by a general or a special order issued in this regard, the Board may from

time to time borrow any sum required for the purposes of this Act through loans or

debentures or issuing bonds or stocks or such other instruments as it may deem fit.

(2) Stock issued by the Board under this section shall be issued, transferred, dealt with and

redeemed in such manner as may be prescribed by Rules.

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

fixed by the government through notification issued in this regard.


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(4) Subject to the provisions of this Act and such conditions and limitations as may be

prescribed, the Board may out of its funds grant loan and advances on such terms and

conditions as it may determine, to any local authority for the provision, Regulation or

development of any scheme relating to water supply and drainage.

65. Guarantee of loans—

Government may guarantee in such manner as it thinks fit, the payment of the principal

or interest or both, of any loan proposed to be raised by the Board under Section 64 of

the Act.

66. Depreciation reserve—

The Board shall create a Depreciation Reserve and make annual provision therefor in

accordance with such principles as may be prescribed.

67. Improvement reserve—

The Board shall create a reserve for improvement works and shall, at the end of every

year, credit to such reserve from its revenue such percentage of the balance remaining

after meeting its operating, maintenance and management expenses and after adequate

provision is made for depreciation, taxes, interest and amortization payments on loans

and other borrowings as the Board may determine, taking into consideration the

improvement works which the Board will have to execute in order to provide adequate

water supply and sewage disposal services in the Jaipur Urban Area.

68. Accounts and Audit—

(1) The Board shall cause proper accounts and other records in relation thereto to be kept,

including the proper system of internal check and prepare an annual statement of

accounts, including the income and expenditure account and the balance sheet in such

form as may be prescribed by Regulations.

(2) Auditors may be appointed by the Local Fund Audit Department,to conduct general and

special audit of the accounts of the Board. Any expenditure incurred in connection with

such audit shall be payable by the Board.

(3) The auditor shall have the same rights, privileges and authority in connection with such

audit as the Comptroller and Auditor-General of India has in connection with the audit


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of government accounts and in particular shall have the right to demand the production

of books, accounts, connected vouchers and other documents and papers, and to inspect

any of the offices of the Board.

(4) The accounts of the Board as certified by the auditor together with the audit report

thereon shall be forwarded annually to the government and the government may issue

such instructions to the Board in respect thereof as it deems fit and the Board shall

comply with such instructions.

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

prescribed by Rules and make available copies thereof on sale at a reasonable price fixed.

69. Concurrent and special audit of accounts—

(1) Notwithstanding anything contained in Section 68, government may order that there

shall be concurrent audit of the accounts of the Board by such person as it thinks fit

including Local Fund Audit department. Government may also direct a special audit to

be made by a Chartered Accountant appointed by it of the accounts of the Board relating

to any particular transaction or a class or series of transactions or to a particular period.

(2) When an order is made under sub-section (1), the Board shall present or cause to be

presented for audit such accounts and shall furnish to the person appointed under sub-

section (1) such information as the said person may require for the purpose of audit.


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CHAPTER VIII

Private Sector Participation

70. Power of the Board to enter into agreements for development and maintenance of water

supply and sewerage systems—

(1) Notwithstanding anything contained in this Act, the Board may, with the prior approval

of the government and in compliance with the Rajasthan Transparency in Public

Procurement Act, 2012 and Rules 2013, enter into an agreement on public private

partnership basis with any individual, company, firm, society, trust or a government

agency or any other agency to execute any type of project relating to water supply and

sewerage.

(2) Notwithstanding anything contained in Section 58, the agency referred to in sub-section

(1) is entitled to collect and retain fees at such rate, for services or benefits rendered by

him, as the Board, having regard to the expenditure involved in building, maintenance

and operation of the whole or part of such water supply and sewerage project, interest

on the capital invested, reasonable return, the number of consumers and the period of

such agreement, may specify in the agreement entered with such person.

71. Types of public private partnership agreements—

Public private partnership agreements shall be such as may be prescribed and shall include the following;

a) Build-Own-Operate-Transfer Agreement, b) Build-Own-Operate-Maintain Agreement, c) Build and Transfer Agreement; d) Build-Lease-Transfer Agreement; e) Build-Operate-Transfer Agreement; f) Design-Build-Finance-Operate-Transfer Agreement; g) Lease and Management Agreement; h) Management Agreement; i) Rehabilitate-Operate-Transfer Agreement; j) Rehabilitate-Own-Operate-Maintain Agreement; k) Service Contract Agreement; and l) Supply-Operate-Transfer Agreement.

Provided that all the above agreements for the private participation shall be executed by the Board in such manner as may be prescribed under the Rules.


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CHAPTER IX

Penalties and Procedures

72. Penalties for certain offence—

Whoever, —

(1) Contravenes any of the provisions of this Act, mentioned in the first column of the Second Schedule; or

(2) Fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said provisions, shall be an offence punishable-

(a) In the case of the first offence with fine which may extend to the amount specified in that behalf in the third column of the said Schedule or with simple imprisonment for a term which may extend to one month or with both;

(b) In the case of a continuing contravention or failure, with daily fine which may extend to the amount specified in the fourth column of that Schedule for every day during which such contravention or failure continues after conviction for the first such contravene or failure.

73. Penalty to be paid by offenders for damage caused by them—

(1) Any person who has been convicted of an offence against this Act or any Rule or Regulation made there under shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such penalty for any damage to the property of the Board resulting from the said offence as the Board may consider reasonable.

(2) In the event of a dispute regarding the amount of penalty payable under sub-section (1) such amount shall, on application made to him be determined by the Magistrate before whom the said person was convicted of the offence; and on non-payment of the amount of penalty so determined the same shall be recovered under a warrant from the said Magistrate as if it were a fine imposed by him on the person liable there for.

74. Joint and several liability of owners and occupiers for offence in relation to water supply

and sewerage—

If any offence is committed related to water supply and sewerage with regard to Board assets, owner of the premises is primarily liable for payment of charges and the occupier shall be jointly and severally liable.


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75. Penalty for obstructing contractor or removing mark—

If any person, —

(1) Obstructs or molests any person with whom the Board has entered into a contract in the

performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue of or in consequence, of this Act or any Rule or Regulation made thereunder, or

(2) Remove any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act or any Rule or Regulation made or scheme sanctioned thereunder,

he shall be punishable with fine which may extend to one thousand rupees.

76. General Penalty—

If a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provisions of this Act or any Rule or Regulation, or bye-laws, or otherwise contravenes any of the provisions of the Act or any Rule or Regulation, or bye-laws shall be punishable with fine which may extend to one thousand rupees and in case of a continuing failure or contravention with an additional fine which may extend to one hundred rupees every day during which, such failure or contravention continues after conviction for the first such failure or contravention.

77. Prosecution and trial of offence—

(1) No court shall take cognizance of any offence punishable under this Act or any Rule or

Regulation or scheme made thereunder unless complaint of such offence is made by the Board or any officer authorised by it in this behalf within six months next after the commission thereof.

(2) No court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act.

(3) No court shall proceed to the trial of any offence except on the complaint of or upon information received from the Chairperson cum Managing Director or any other officer authorized by the Board by a general or special order in this behalf.


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78. Arrest of offenders—

(1) Any police officer not below the rank of a head constable, may arrest any person who commits in his presence, any offence against this Act or any Rule or Regulation or scheme made thereunder if: (a) the name or address of such person be unknown to him; and (b) such person on demand declines to give his 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 ascertained.

79. Offences by companies—

(1) If the person committing an offence under this Act is a company, every person, who at

the time the offence was committed was incharge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of the offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act, has been committed by a company, and it is proved that the offence has 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, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.- For the purposes of this section,- (a) ‘company’ means a body corporate and includes a firm or other association of

individuals ; and (b) ‘director’ in relation to a firm means a partner in the firm.


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CHAPTER X

Miscellaneous

80. Annual reports, statistics and returns-

(1) The Board shall, before such date and in such form as may be prescribed by Rules, submit to the government an annual report upon such matters as may be so prescribed and the Government shall cause such report to be published in the Official Gazette.

(2) Without prejudice to the provisions of sub-section (1) , the Board shall, as soon as may be after the end of each financial year, prepare and submit to the government in such form as may be prescribed by Regulations, a report giving an account of its activities during the previous financial year and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Board in the next financial year; and the government shall cause every such report to be laid before the Legislative Assembly of the State as soon as may be after it is received by the government.

(3) The Board shall furnish to the government at such times and in such form and manner as the government may direct, such statistics and returns, and such particulars in regard to any proposed or existing scheme, as the government may from time to time require.

81. Adjudication of disputes between the Board and local authorities—

(1) When a dispute exists between the Board and one or more of the local authorities or

among local authorities in regard to any matter arising under the provisions of this Act, and the government after considering the representations, if any made by the local authority or authorities, is of the opinion that the parties are unable to settle it amicably among themselves, it may take cognizance of the dispute and decide it themselves.

(2) The decision of the government thereon shall be binding on the Board and the local authorities concerned and shall not be liable to be questioned in any court of law.

82. Acquisition of immovable property—

The Board shall for the purposes of this Act, by agreement on such terms and at such price as may be approved by the Board, have power to acquire and hold or dispose of movable and immovable property or any interest therein.

Government having powers of acquisition under any law for the time being in force may, at the request of the Board procure the acquisition of any immovable property.


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83. Developments not to be made without permissions—

(1) No person shall make any development without obtaining permission from the Board to

the effect that sufficient arrangement will be made for drainage, sewerage and supply of wholesome water, and every such development shall be made subject to and in accordance with any conditions laid down with such permission.

(2) The Board shall be under no obligation to provide water supply or make arrangements for drainage or sewerage in respect of any premises constructed without the permission referred to under sub-section (1) or in contravention of any provision of this Act, or of any other law.

Provided that the Board may with the prior approval of the government make arrangements for such services at the full cost of the beneficiaries thereof with such development chargers as may be fixed under Regulations made in this behalf and subject to such conditions as may be laid down by the Board.

84. Directions by the government—

(1) In the discharge of its functions, the Board shall be guided by such directions on question of policy may be given to it by the government:

Provided that such directions shall be given after consultation with the Board.

(2) In the case of any difference of opinion as to what is a question of policy the decision

thereon of the government shall be final.

85. Power of entry and inspection—

Any officer authorized by the Board in this behalf or empowered in this behalf by or under the provisions of this Act may enter into or upon any land or building with or without assistants and workmen-

(a) For the purpose of ascertaining whether there is or has been or in connection with the land or building any contravention of the provisions of this Act or any Rule or Regulation made there under;

(b) For the purpose of ascertaining whether or not circumstances exist which would authorize or require the Board or any officer authorised or empowered in this behalf to take action or execute any work under this Act or any Rule or Regulation made there under;


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(c) For the purpose of taking any action or executing any work authorised or required by this Act or any Rule or Regulation made there under;

(d) To make any inquiry, inspection, examination, measurement, valuation, dig or bore into the sub-soil, take levels, set out boundaries and lines or survey authorised or required by or under this Act, or necessary for the proper administration of this Act;

(e) Generally for the purpose of efficient discharge of the functioning by any officer of the Board under this Act or any Rule Regulation made there under.

86. Power to enter an adjoining land in relation to any work—

(1) Any officer authorised in this behalf by or under any provisions of this Act, may enter on

land within fifteen meters of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone, or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.

(2) The person so authorised shall, before entering on any such land state the purpose thereof and shall, if so required by the owner or occupier thereof fence off so much of the land as may be required by the owner or occupier thereof, for such purpose.

(3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be and compensation shall be payable by the Board in accordance with mechanism notified in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or temporary.

87. Breaking into building—

(1) It shall be lawful for any officer authorised in this behalf by the Board, or empowered in

this behalf by or under any provision of this Act, to make any entry in to any place and to open or cause to be opened any door, gate or other barrier-

(a) If he considers the opening thereof necessary for the purpose of such entry; and (b) If the owner or occupier is absent or being present refuses to open such door, gate,

or barrier; (2) Before making any entry into any such place or opening or causing to be opened any

such door, gate, or other barrier, the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situated, to witness the entry or opening and may issue an order in writing to them or any of them so to do.


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(3) A report shall be made to the Board as soon as may be after any entry has been made into any place or any door, gate, or other barrier has been opened under this section.

88. Time of making entry—

Save as otherwise provided in this Act or any Regulation made there under, no entry authorised by or under this Act, shall be made except between the hours of sunrise and sunset.

89. Consent ordinarily to be obtained-

Save as otherwise provided in this Act or any Regulation made there under, no entry upon or into any land or building shall be made without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty-hours written notice of the intention to make such entry.

90. Regard to be had to social or religious usages—

When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, no apartment in the actual occupancy of a female shall be entered or break open until she been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.

91. Service of notice, etc. –

(1) All notices, bill, summons and other documents required by this Act or any Regulation made there under to be served upon, or issue to, any person, shall be served or issue by such persons as may be authorized by the Board.

(2) Every notice, bill, summon, order requisition or other document required or authorised by this Act or any Rule or Regulation made there under to be served or issued on any person shall, save as otherwise provided in this Act or such Rule or Regulation, be deemed to be duly served-

(a) Where the person to be served is a company if the document is addressed to the

Secretary of the Company at its registered office or at its principal office or place of business and is either-

i. sent by registered post; or ii. deliver at the registered office or at the principal office or place of business

of the Company;


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(b) Where the person to be served is a partnership, if the document is addressed to the

partnership at its principal place of business, identifying it by the name and style under which its business is carried on, and is either-

i. sent by registered post; or ii. delivered at the said place of business;

(c) Where the person to be served is a public body of a corporation, society or other

body, if the document is addressed to the secretary, treasurer or other head of office of that body, corporation or society at its principal office, and is either-

i. sent by registered post; or ii. delivered at that office;

(d) In any other case, if the document is addressed to the person to be served and-

i. is given or tendered to him; ii. if such person cannot be found is affixed on some conspicuous part of his

last known place or residence or business if within the state or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any to which it relates; or

iii. is sent by registered post to that person.

(3) Any document which is required or authorized to be served on the owner or occupier of any land or building may be addressed as, ‘the owner’ or ‘the occupier’ as the case may be, of that land or building (identifying that land or building ) without further name of description, and shall be deemed to be duly served-

(a) If the document so addressed is sent or delivered in accordance with clause (d) of sub section (2); or

(b) If the document so addressed or a copy there of so addressed is delivered some person on the land or building or, where there is no person on the land or building to whom it can be delivered is affixed on some conspicuous part of his land or building.

(4) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.

(5) For the purpose of enabling any document to be served on the owner of any premises any other officer authorized or empowered to do so may by notice in writing require the occupier of the premises to state the name and address of the owner thereof.


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(6) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be served upon the minor.

(7) A servant is not a member of the family within the meaning of this section.

92. Service of bills for charges or, notice of demand by ordinary post-

Notwithstanding anything contained in Section 91, a bill for any charges or a notice of demand may be served by sending it by ordinary post with a pre-paid letter under a certificate of posting addressed to the appropriate person specified in section 91, at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.

93. Power in case of non-compliance with notice etc.—

In the event of non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any Rule or Regulation made there under, requiring such person to execute any work or to do any act, it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment there for after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Board on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of charges payable under this Act.

94. Liability of occupier to pay in default of owner—

(1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or officer at whose instance such notice, order or requisitions has been issued, may require the occupier of such property or of any part thereof pay to him, instead of the owner, any rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under section 93; Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 93, as an arrear of charges payable under this Act.

(2) Any amount recovered from an occupier instead of from an owner under sub-section (1),

shall in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.


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95. Execution of work by occupier in default of owner and deduction of expenses from rent—

Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or any Rule or Regulation made there under, the occupier, if any, of such land or building may, with the approval of the Board, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.

96. Consult and seek approval of the Board—

As the Board is the nodal agency for the entire Jaipur Urban Area for water supply and sewerage systems, all other agencies are required to consult and seek approval of the Board while planning any schemes or projects with regard to water supply and sewerage systems within its jurisdiction.

97. Power of the Board to manage water supply and sewerage assets of private entity—

The private entity may in the manner prescribed, request the Board to take over and manage its water supply and sewerage assets. The Board may on receiving such request take over and manage the water supply and sewerage assets of the private entity and may collect such fees from the private entity as may be agreed through agreement with them.

98. Transfer of powers, functions and duties of PHED—

All or any powers, functions and duties of PHED relating to water supply and sewerage systems in the Jaipur Urban Area shall be exercised, discharged or performed by the Board and thereupon for the purpose of exercising, discharging or performing such powers, functions and duties the Board shall be deemed to be PHED.

99. Compensation to be paid by offenders for damage caused by them—

(1) Any person who has been convicted of an offence against this Act or any Rule or Regulation made there under shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Board resulting from the said offence as the Board may consider reasonable.


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(2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such amount shall, on application made to him be determine by the Magistrate before whom the said person was convicted of the offence; and on non-payment of the amount of compensation so determine the same shall be recovered under a warrant from the said Magistrate as if it were a fine imposed by him on the person liable there for.

100. Mode of recovery of dues—

Any sum due to the Board on account of any charge, costs, expenses fees, rates or rent or on any other account under this Act or any Rule, Regulation, bye-law or order made there under may without prejudice to any other mode of recovery, be recovered from any person from whom such sum is due-

(a) As if it were an arrear of land revenue; or (b) On application to any Judicial Magistrate, by such Magistrate as if it were a fine

imposed by him.

101. Validity of notices and other documents—

No notice, order, requisitions license, permission in writing or any other document issued under this Act or any Rule or Regulation shall be invalid merely by reason of any defect in form or detail.

102. Rewards to certain persons—

The Board may reward any person who brings to the notice of the Board contravenes

of any provisions of this Act by any person like any misuse of water or breaking of

mains or Board sewer or such other matters as may be prescribed.

103. Customer Grievance Redressal Forum—

The Board shall form a forum for providing an active customer service centre/call centre

which will duly provide effective redressal service to its customer for any matter relating

to water supply and sewerage systems in accordance with such Regulations as the Board

shall make in this behalf.

104. Appeals—

Any person aggrieved by any decision or order of any officer under this Act or any Rule or Regulation made there under may, with in a period of sixty days from the date of the service of such decision or order, appeal to the authority prescribed by the Regulation


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and subject to revision by the Board, the orders of the appellate authority on such appeal shall be final.

105. Revision—

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 thereto as it thinks fit.

106. Protection of action taken in good faith—

No, suit prosecution or other proceeding shall be instituted or shall be entertained in any court against any member of the Board or of the consultative council or any Committee constituted under this Act, or against any other officer or employee of the Board or against any person acting under the order or direction of any such person for anything which is in good faith done or intended to be done in pursuance of this Act or any Rule, Regulation or other instrument made there under.

107. Notice to be given of suits—

(1) No suit shall be instituted against the Board or against any officer or employee of the

Board or against any person acting under the order or direction of the Board or any officer or other employee, in respect of any act done, or purporting to have been done in pursuance of this Act or any Rule or Regulation made thereunder, until the expiration of two months after notice in writing has been left at the office of the Board and, in the case of such officer or person, unless notice in writing has also been delivered to him or left at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been so left or delivered.

(2) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief

claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of institution of the suit.

108. Employees of the Board to be public servants—

All employees of the Board, and any person entrusted with the execution of any function under this Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).


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109. Members, officers and servants of the Board to be public servants-

(1) All Members, officers and servants of the Board shall be deemed, when acting or

purporting to act in pursuance of the provisions of this Act or any rule or regulation made

thereunder, to be public servants within the meaning of section 21 of the Indian Penal

Code (Central Act 45 of 1860) and the Prevention of Corruption Act, 1947 (Central Act 2

of 1947) for the time being in force.

(2) The words “State Government” and “Government” in section 161 of the Indian Penal

Code shall for the purposes of sub-section (1) be deemed to include the Board.

110. Power to make Rules—

(1) Government may, by notification make Rules for carrying out all or any of the purposes

of this Act.

(2) Any Rule made under this Act may be made with retrospective effect and when such a Rule is made, the reasons for so making the Rule shall be specified in a statement to be laid before the Legislative Assembly of the State.

(3) Every Rule made under this Act, shall immediately after it is made be laid before the Legislative assembly of the State if it is session and if it is not in session, in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive session, and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the Rule or in the annulment of the Rule, the Rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule.

111. Power of Board to make Regulations—

The Board may, with the previous approval of the Government, make Regulation, not inconsistent with this Act and the Rules made there under, to provide for all or any of the following matters, namely—

(a) The administration of the funds and other property of the Board and the maintenance

of its accounts;


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(b) The summoning and holding of meetings of the Board and the times and places at which such meetings shall be held, and the conduct of business there at and the number of Director necessary to constitute a quorum;

(c) The duties of the Board employees and their salaries, allowances and other conditions of service;

(d) The fine which may be imposed for the breach of any bye-law which may extend to one thousand rupees, and in case of continuing breach with the additional fine which may extend to one hundred rupees for every day, during which the breach continues after receipt of a notice from the Board to discontinue the breach;

(e) The procedure to be followed by the Board in inviting, considering and accepting tenders; and

(f) Any other matter arising out of the Board’s function under this Act, in which it is necessary or expedient to make Regulations.

112. Power of Board to make Bye-laws—

Subject to the provision of Rules and Regulation the Board may, after previous publication make bye-laws to provide for any other matter arising out of the Board’s function under this Act, in which it is necessary or expedient to make bye-laws.

113. Effect of other laws—

(1) The provisions of this Act shall be in addition to and not in derogation of any other law

for the time being in force, regulating any of the matters dealt with in this Act:

(2) Save as otherwise provided in this Act the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom, usage or contract or decree or order of a court or other authority.


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First Schedule

(See clause (k) of Section 2)

Territorial area of the Jaipur Nagar Nigam as per the latest notification of the

government issued under Section 2(xxxix) of the Rajasthan Municipalities Act, 2009


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Second Schedule Penalties for certain offence

Provision of

the Act

Subject

Maximum fine

which may be

imposed

Rs. Ps.

Daily fine

which may

be

imposed

Rs. Ps.

Section 20 Use for non-domestic purposes of water

supply for domestic purpose

1,000.00 200.00

Section 23 Waste or misuse of water 10,000.00 1,000.00

Section 28 Prohibition of willful or neglectful acts

relating to water works

10,000.00 -----

Section 30 Damage or interference with free flow of contents of Board sewer or sewers communicating with Board sewers

10,000.00 1,000.00

Section 39 Connection with Board sewers without written permission

10,000.00 1,000.00

Section 39 Private drain not to be connected with

Board sewers without notice

1,000.00 200.00

Section 40 Erection or construction of building or

private street over the Board sewerage line

or sewage treatment works

1,000.00 200.00

Section 37 Non-compliance with requisition to close,

remove or divert a pipe or drain

1,000.00 200.00

Section 43 (4) Licensed Engineer or Licensed Plumber not

to demand more than the charge

prescribed

10,000.00 ----

Section 43 (3) Licensed Engineer or Licensed Plumber not

to contravene Regulations

10,000.00 ----


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Section 44 Prohibition of willful or neglectful acts

relating to sewerage works

10,000.00 ----

draft jaipur water supply & sewerage board bill,...

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