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The Gujarat Water Supply and Sewerage Board Act, 1978
The Gujarat Water Supply and Sewerage Board Act, 1978
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Establishment of the Board.
Section 34. Constitution of Board.
Section 45. Disqualification for being non-official member.
Section 56. Term of office of members.
Section 67. Other provisions regarding members.
Section 78. Officers and servants of the Board and their recruitment and conditions of service.
Section 89. Authentication of orders, etc. of the Board.
Section 910. Assistant of Government officer, etc.
Section 1011. Delegation of powers.
Section 1112. Disqualification for participation in proceedings of the Board or Committee on account of interest.
Section 1213. Acts not to be invalidated by vacancy, informality, etc.
Section 1314. Duties and functions of the Board.
Section 1415. Powers of the Board.
Section 1516. Powers of the Board to give directions and to call for returns, reports, etc.
Section 1617. Supervision and centage charges, etc.
Section 1718. Vesting and transfer of property to the Board.
Section 1819. Decision of the State Government on the vesting of property to be flnal.
Section 1920. Transfer of Government employees to the Board.
Section 2021. Vesting of existing water supply and sewerage services in the Board.
Section 2122. Board to assume obligations in respect of matters to which this Act applies for water works taken from local bodies.
Section 2223. Taking over of temporary management of water works or sewerage system of local body by Government.
Section 2324. Power of local body to entrust to Board any system for maintenance and operation.
Section 2425. Investigation and preparation.
Section 2531. Transfer of finally executed scheme [***] .
Section 3132. Execution of contract by Board.
Section 3233. Board Fund.
Section 3334. Other funds of Board.
Section 3435. General principles for the Board's finance.
Section 3536. Grants and subventions to the Boards.
Section 3637. Loans to the Board.
Section 3738. Initial contribution of Government to the Board Fund.
Section 3839. Power to borrow and re-lend.
Section 3940. Depreciation reserve.
Section 4041. Government as guarantor.
Section 4142. Accounts and audit.
Section 4243. Cost of water.
Section 4344. Cost of disposal of waste water.
Section 4445. Meter rent and fees for services.
Section 4546. Deposits.
Section 4647. Recovery of sums due to the Board.
Section 4748. Definition of supply of water for domestic purposes.
Section 4849. Water supply for domestic purposes not to be used for non-domestic purposes.
Section 4950. Licensed plumbers.
Section 5051. Prohibition of wastage water.
Section 5152. Power to cut off water supply.
Section 5253. Prohibition of certain other acts.
Section 5354. Right of owner to occupier to obtain sewer connection.
Section 5455. Power to require owner to have sewer connection.
Section 5556. Prohibition of connection with sewer without permission.
Section 5657. Prohibition of construction of private street or building over sewer without permission.
Section 5758. Power to affix shaft, etc. for ventilation of sewer or cess pool.
Section 5859. Power to examine and test sewer, etc. believed to be defective.
Section 5960. Prohibition of certain other acts.
Section 6061. Power of entry, survey, etc.
Section 6162. Power to disinfect tanks, pools and wells.
Section 6263. General penalty.
Section 6364. Cognizance of offence.
Section 6465. Offences by companies.
Section 6566. Power to arrest person committing an offence and refusing to give name and address.
Section 6667. Compounding of offences.
Section 6768. Directions to the Board on questions of policy.
Section 6869. Annual report, statistics, returns and other information by the Board.
Section 6970. Execution of contracts by Board.
Section 7071. Board to entrust its powers and duties to a committee, etc.
Section 7172. Power of Government to issue directions for co-ordination of activities of Board and local bodies.
Section 7274. General power to pay compensation.
Section 7475. Protection or acts done in good faith.
Section 7576. Rules.
Section 7677. Regulations.
Section 7778. Bye-laws.
Section 78
the-gujarat-water-supply-and-sewerage-board-act-1978.json
•
72 Sections
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Gujarat
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"id": 16870,
"slug": "the-gujarat-water-supply-and-sewerage-board-act-1978",
"title": "The Gujarat Water Supply and Sewerage Board Act, 1978",
"short_title": "The Gujarat Water Supply and Sewerage Board Act, 1978",
"act_number": "Gujarat Act No. 18 of 1979",
"act_year": 1978,
"act_type": "STATE",
"location": "Gujarat",
"law_status": "unknown",
"enactment_date": null,
"description": "The Gujarat Water Supply and Sewerage Board Act, 1978",
"preamble": "",
"section_label": "Section",
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"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(i) \"Board\" means the Gujarat Water Supply and Sewerage Board established under section 3;\n(ii) \"bye-laws\" means bye-laws made under this Act;\n(iii) \"cantonment\" means a cantonment declared as such under section 3 of the Cantonments Act, 1924;\n(iv) \"cess-pool\" includes a settlement tank or other tank to receive, or dispose of foul matters from any premises;\n(v) \"Chairman\" means the Chairman of the Board;\n(vi) \"City\" means a City as constituted under section 3 of the Bombay Provincial Municipal Corporation Act, 1949 (Bombay LIX of 1949);\n(vii) \"communication pipe\" means any pipe or system of pipes, along with all fittings thereto, by means of which water is supplied to any premises from the main, and includes a connection pipe, service pipe, meter or other fittings;\n(viii) \"connection pipe\" means any water pipe from a ferrule to stop-cock connecting the main of the local body or the Board, as the case may be with the service pipe;\n(ix) \"consumer\" means any person getting the benefit of any water supply or sewerage service from the local body or the Board, as the case may be;\n(x) \"domestic sewage\" means waste water from residential premises, boarding and lodging houses, hostels, hotels, public places, offices and all such 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;\n(xi) \"drain\" means a sever, tunnel, pipe, ditch, gutter or channel or any cistern, flush-tank septic tank or other devise for carrying off or treating sewage, offensive matter, polluted water, sullage, wastewater or sub-soil water, and includes any culvert, ventilation shaft or pipe or other appliance or fittings connected with such drain, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place;\n(xii) \"ferrule\" means a ferrule connecting the connection pipe with the main; (xiii) \"Gujarat Public Health Engineering Service\" means the organisation functioning for the purpose of providing water supply and sewerage services as a wing of the Health and Family Welfare Department of the Government of Gujarat; (xiv) \"local area\" means the area falling within the jurisdiction of a local body; (xv) \"local body\" means a municipality or a panchayat established under any law for the time being in force; (xvi) \"main\" means a pipe laid by the local body or the Board, as the case may be, for the purpose of giving a general supply or water as distinct from a supply to individual consumers, and includes any apparatus used in connection with such a pipe; (xvii) \"member\" means a member of the Board, and includes the Chairman of the Board; (xviii) \"Member-Secretary\" means the Member Secretary of the Board; (xix) \"municipality\" includes the person or committee appointed under clause (c) of sub-section (1) of section 264-B of the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964) for any notified area; (xx) \"non-official member\" means a member, not being an ex-officio member; (xxi) \"occupier\", in relation to any premises, means the following- (a) any person for the time being paying or liable to pay rent or any portion thereof to the owner in respect of those premises; (b) an owner who is in occupation of those premises; (c) a tenant of those promises who is exempt from payment of rent, (d) a licenses who is in occupation of those premises; and (e) any person, who is liable to pay damages to the owner in respect of use and occupation of those premises; (xxii) \"owner\" , in relation to any premises, means the person who receives the rent.of the said premises or who would be entitled to receive the rent thereof if the premises were let, and includes- (a) an agent or trustee who receives such rent on account of the owner; (b) an agent or trustee who receives the rent of or is entrusted with the management of any premises devoted to religious or charitable purposes; (c) a receiver or manager appointed by any Court of competent jurisdiction to have the charge of or to exercise the rights of an owner of this said premises; and (d) a mortgagee-in-possession; (xxiii) \"premises\" means any land or building or any part of a building; (xxiv) \"prescribed\" means prescribed by rules; (xxv) \"private street\" \"public street\" and \"street\" in relation to any local area, shall have the meanings assigned to them in the law relating to the local body having jurisdiction over that local area; (xxvi) \"regulations\" means regulations made under this Act; (xxvii) \"relevant local authority law\" means- (a) in relation to a municipality, the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964); (b) in relation to a panchayat, the Gujarat Panchayats Act, 1962 (Gujarat VI of 1962); (xxviii) \"rules\" means rules made under this Act; (xxix) \"service pipe\" means any pipe other than the connection pipe beyond the stop-cock by means of which water is supplied to any premises; (xxx) \"sewage\" means night-soil and other contents of water closets, latrines, privies, urinals, cess-pools or drains, and polluted water from sinks, bath rooms, stables and other like places and includes trades effluents; (xxxi) \"sewer\" means a closed conduit for carrying sewage, offensive matter, polluted water, waste water or sub-soil water; (xxxii) \"sewerage\" means a system of collection of waste water from community from its houses, institutions, industry and public places, the pumping treatment and disposal of such waste water its effluent sludge, gas and other end products; (xxxiii) \"stop-cock\" means a stop-cock fitted at the end of the connection pipe away from the main for the purpose of switching off and regulating the water supply to any premises; (xxxiv) \"trade effluent\" means any liquid either with or without particles of matter in suspension therein which is wholly or in part produced or discharged in the course of any trade or industry including agriculture and horticulture but it does not include domestic sewage; (xxxv) \"water connection\" includes- (a) any tank, cistern, hydrant, standpipe, meter or tap, situated on any private property and connected with a mam or other pipe belonging to the local body or the board as the case may be; (b) the water pipe connecting such a tank, cistern, hydrant, standpipe, meter or pat, with such main or pipe; (xxxvi) \"water supply\" means a system of providing water to a community for meeting its requirement for drinking and other domestic uses, industry, recreation and various public uses; (xxxvii) \"water works\" includes water channel (including stream, lake spring, river or can ad, well, other underground water source pump, galleries, reservoir, cistern, tank) duct, whether covered or open treatment units, sluice supply, main culvert, engine, water-truck hydrants, standpipe, conduit and machinery, land building or other things for supplying or used for supplying water or for protecting sources of water supply or for treatment of water. Chapter II Establishment, Conduct of Business, Duties and Powers of The Board 3. Establishment of the Board. - (1) As soon as may be after the commencement of this Act the State Government shall by notification in the Official Gazette , with effect from a date to be specified therein establish for the purposes of this Act a Board to be called \"the Gujarat Water Supply and Sewerage Board.\"\n(xiii) \"Gujarat Public Health Engineering Service\" means the organisation functioning for the purpose of providing water supply and sewerage services as a wing of the Health and Family Welfare Department of the Government of Gujarat;\n(xiv) \"local area\" means the area falling within the jurisdiction of a local body;\n(xv) \"local body\" means a municipality or a panchayat established under any law for the time being in force;\n(xvi) \"main\" means a pipe laid by the local body or the Board, as the case may be, for the purpose of giving a general supply or water as distinct from a supply to individual consumers, and includes any apparatus used in connection with such a pipe;\n(xvii) \"member\" means a member of the Board, and includes the Chairman of the Board;\n(xviii) \"Member-Secretary\" means the Member Secretary of the Board;\n(xix) \"municipality\" includes the person or committee appointed under clause (c) of sub-section (1) of section 264-B of the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964) for any notified area;\n(xx) \"non-official member\" means a member, not being an ex-officio member;\n(xxi) \"occupier\", in relation to any premises, means the following-\n(a) any person for the time being paying or liable to pay rent or any portion thereof to the owner in respect of those premises;\n(b) an owner who is in occupation of those premises;\n(c) a tenant of those promises who is exempt from payment of rent,\n(d) a licenses who is in occupation of those premises; and\n(e) any person, who is liable to pay damages to the owner in respect of use and occupation of those premises;\n(xxii) \"owner\" , in relation to any premises, means the person who receives the rent.of the said premises or who would be entitled to receive the rent thereof if the premises were let, and includes-\n(a) an agent or trustee who receives such rent on account of the owner;\n(b) an agent or trustee who receives the rent of or is entrusted with the management of any premises devoted to religious or charitable purposes;\n(c) a receiver or manager appointed by any Court of competent jurisdiction to have the charge of or to exercise the rights of an owner of this said premises; and\n(d) a mortgagee-in-possession;\n(xxiii) \"premises\" means any land or building or any part of a building;\n(xxiv) \"prescribed\" means prescribed by rules;\n(xxv) \"private street\" \"public street\" and \"street\" in relation to any local area, shall have the meanings assigned to them in the law relating to the local body having jurisdiction over that local area;\n(xxvi) \"regulations\" means regulations made under this Act;\n(xxvii) \"relevant local authority law\" means-\n(a) in relation to a municipality, the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964);\n(b) in relation to a panchayat, the Gujarat Panchayats Act, 1962 (Gujarat VI of 1962);\n(xxviii) \"rules\" means rules made under this Act;\n(xxix) \"service pipe\" means any pipe other than the connection pipe beyond the stop-cock by means of which water is supplied to any premises;\n(xxx) \"sewage\" means night-soil and other contents of water closets, latrines, privies, urinals, cess-pools or drains, and polluted water from sinks, bath rooms, stables and other like places and includes trades effluents;\n(xxxi) \"sewer\" means a closed conduit for carrying sewage, offensive matter, polluted water, waste water or sub-soil water;\n(xxxii) \"sewerage\" means a system of collection of waste water from community from its houses, institutions, industry and public places, the pumping treatment and disposal of such waste water its effluent sludge, gas and other end products;\n(xxxiii) \"stop-cock\" means a stop-cock fitted at the end of the connection pipe away from the main for the purpose of switching off and regulating the water supply to any premises;\n(xxxiv) \"trade effluent\" means any liquid either with or without particles of matter in suspension therein which is wholly or in part produced or discharged in the course of any trade or industry including agriculture and horticulture but it does not include domestic sewage;\n(xxxv) \"water connection\" includes-\n(a) any tank, cistern, hydrant, standpipe, meter or tap, situated on any private property and connected with a mam or other pipe belonging to the local body or the board as the case may be;\n(b) the water pipe connecting such a tank, cistern, hydrant, standpipe, meter or pat, with such main or pipe;\n(xxxvi) \"water supply\" means a system of providing water to a community for meeting its requirement for drinking and other domestic uses, industry, recreation and various public uses;\n(xxxvii) \"water works\" includes water channel (including stream, lake spring, river or can ad, well, other underground water source pump, galleries, reservoir, cistern, tank) duct, whether covered or open treatment units, sluice supply, main culvert, engine, water-truck hydrants, standpipe, conduit and machinery, land building or other things for supplying or used for supplying water or for protecting sources of water supply or for treatment of water.\nChapter II\nEstablishment, Conduct of Business, Duties and Powers of The Board",
"footnote": "",
"is_definition": true,
"sort_order": 1
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{
"number": "3",
"title": "3. Establishment of the Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Constitution of Board.",
"chapter": null,
"content": "(a) the Chairman to be appointed by the State Government from amongst persons appearing to it to be qualified by reason of wide administrative experience in a managerial capacity or capability as a technical expert for such appointment;\n(b) the Member-Secretary to be appointed by the State Government who shall be a qualified Engineer having an administrative experience and experience of water supply and sewerage works;\n(c) a representative of the State Government from the Health and Family Welfare Department not below the rank of Deputy Secretary to Government to be appointed by the State Government, ex-officio ;\n(d) a representative of the State Government from the Panchayats, Housing and Urban Development Department or from the Planning Department not below the rank of Deputy Secretary to Government to be appointed by the State Government ex-officio ;\n(e) a representative of the State Government from the Finance Department not below the rank of a Deputy Secretary to Government to be appointed by the State Government ex-officio ;\n(f) three members to be appointed by State Government from amongst the elected heads of the local bodies;\n[(g) four members to be appointed by the State Government, from amongst persons who are experts in economics or development planning and engineering and out of such members one shall be a woman] .",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Disqualification for being non-official member.",
"chapter": null,
"content": "(a) has been convicted of an offence involving moral turpitude;\n(b) is an undischarged insolvent;\n(c) is of unsound mind and stands so declared by a competent Court;\n(d) holds except as provided in Section 6 and 7 any office of profit under the Board;\n(e) has, directly or indirectly by himself or by any partner, employer or employee any share or interest whether pecuniary or of any other nature in any contract or employment with, by or on behalf of the Board; or\n(f) is a Director, Secretary, manager or other officer of any company which has any share or interest in any contract or employment with, by or on behalf of the Board:\n(i) any sale, purchase, lease or exchange of immovable property or any agreement for the same;\n(ii) any agreement for loan of money or any security for payment; money only;\n(iii) any newspaper in which any advertisement relating to the affairs of the Board is published;\n(iv) the occasional sale to the Board upto a value not exceeding ten thousand rupees in any one year of any article in which he or the company regularly trades.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Term of office of members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Other provisions regarding members.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Officers and servants of the Board and their recruitment and conditions of service.",
"chapter": null,
"content": "(b) The Board shall not appoint any officers and servants whose maximum monthly salary exclusive of allowances exceeds sixteen hundred rupees per month, unless posts for such officers and servants are sanctioned by the State Government.]",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Authentication of orders, etc. of the Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Assistant of Government officer, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Delegation of powers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Disqualification for participation in proceedings of the Board or Committee on account of interest.",
"chapter": null,
"content": "(a) has any share or interest of the nature described in clause (e) or clause (f) of Section 5 in respect of any matter or.\n(b) has acted professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid, shall not notwithstanding anything contained in the proviso to Section 5 vote or take part in any proceeding (including any discussion on any resolution or question) of the Board or committee thereof relating to such matter.",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Acts not to be invalidated by vacancy, informality, etc.",
"chapter": null,
"content": "(a) any vacancy of a member or any defect in the constitution or reconstitution of the Board or a committee thereof; or\n(b) any defect or irregularity in the appointment of a person as a member of the Board or of a committee thereof; or\n(c) any defect or irregularity in such act or proceedings not affecting the substance.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Duties and functions of the Board.",
"chapter": null,
"content": "(a) to prepare, execute, promote and finance the schemes for supply of water and for sewerage and sewage disposal;\n(b) to render all necessary services in regard to water supply and sewerage to the State Government and local bodies and on request to private institutions or individuals also;\n(c) to prepare draft State Plans for water supply, sewerage and drainage on the directions of the State Government;\n(d) to review and advise on the tariff, taxes, fees and charges of water supply and sewerage systems in the areas comprised within the spheres of operation of the water supply and sewerage services of the Board and in the areas of the local bodies which have entered into an agreement with the Board;\n(e) to assess the requirements of materials and arrange for their procurement and utilisation;\n(f) to establish State standards for water supply and sewerage services;\n(g) to review annually the technical, financial, economic and other aspects of water supply and sewerage system of every scheme of the Board or the local bodies which have entered into an agreement with the Board;\n(h) to establish and maintain a facility to review and apprise the technical, financial, economic and other pertinent aspects of every water supply and sewerage scheme in the State;\n(i) to operate, run and maintain any water works and sewerage system, if and when directed by the State Government on such terms and conditions and -for such period as may be specified by the State Government;\n(j) to assess the requirements for man-power and training in relation to water supply and sewerage services in the State;\n(k) to carry out applied research for efficient discharge of the duties and functions of the Board;\n(l) to perform such of the duties and functions which are being performed by the Gujarat Public Health Engineering Service, as may be specified, from time to time by the State Government;\n(m) to perform and discharge such other duties and functions as are allotted to the Board under other provisions of this Act or as may be entrusted to it by the State Government;",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Powers of the Board.",
"chapter": null,
"content": "(a) to inspect all water supply and sewerage facilities in the State by whomsoever they are operated;\n(b) to obtain such periodic or specific information from any local body and operating agency as the Board may deem necessary;\n(c) to provide training for its own personnel as well as for employees of the local bodies;\n(d) to prepare and carry out schemes for water supply and sewerage;\n(e) to lay down the schedule of fees and other charges for all kinds of services rendered by the Board to the State Government, local bodies, institutions or individuals;\n(f) to enter into contract or agreement with any person or persons as the Board may deem necessary for performing its duties and discharging its functions under this Act;\n(g) to adopt its own budget annually;\n(h) to approve tariffs for water supply and sewerage services applicable to the areas comprised within the sphere of operation of such services of the Board; and within the jurisdiction of such local bodies as have entered into an agreement with the Board;\n(i) to manage all its affairs so as to provide the people of the area within its jurisdiction with wholesome water and where feasible, efficient sewerage service;\n(j) to take such other measures as may be necessary to ensure water supply in times of any emergency;\n(k) to acquire, possess and hold lands and other property and to carry any water or sewerage works through, across, over or under any highway, road, street or place and after reasonable notice in writing to the owner or occupier into, through, over or under any building or land;\n(l) to abstract water from any natural source and dispose of waste water;\n(m) to raise, borrow or secure money on such terms and conditions as may be expedient and in particular by way of loans and advances, deposits and issue of debentures and obtain subventions or mortgages from public institutions like the Life Insurance Corporation of India, Banks and any international organisations or from the State and Central Government for drinking water supply and sewerage schemes or any other scheme for improvement of sanitation;\n(n) to receive grants from the State Government, the Central Government and the local bodies for water supply and sewerage or any other sanitation improvement schemes;\n(o) to repay instalments of loans and pay interest on the principal thereof to the lenders as per mutually agreed terms and conditions;\n(p) to advance loans to the local bodies or Government for their water supply and sewerage schemes on such terms and conditions as may be specified by the Board;\n(q) to recover from the local bodies or Government principal and interest thereon in respect of loans advanced to them by the Board;\n(r) to incur such expenditure as the Board may deem necessary for performing its duties and functions under this Act;\n(s) to exercise such other powers as are conferred on the Board under other provisions of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Powers of the Board to give directions and to call for returns, reports, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Supervision and centage charges, etc.",
"chapter": null,
"content": "Chapter III\nTransfer of Assets, Liabilities and Employees of the Gujarat Public Health Engineering Service to the Board",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Vesting and transfer of property to the Board.",
"chapter": null,
"content": "(a) the properties and assets (including water works, buildings laboratories, stores, vehicles, furnitures and other furnishings) specified in that behalf which immediately before the appointed date were vested in the State Government for the purposes of the Gujarat Public Health Engineering Service shall vest in and stand transferred to the Board; and\n(b) the rights liabilities and obligations of the State Government whether arising out of any contract or otherwise pertaining to the said Service shall be the rights, liabilities and obligations of the Board.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Decision of the State Government on the vesting of property to be flnal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Transfer of Government employees to the Board.",
"chapter": null,
"content": "(b) Where such notice is received from any employee-\n(i) in case of a permanent employee he shall be allowed to retire giving him the benefit of pension, gratuity, provident fund and other benefits accrued to him had he retired from the Government service on the appointed date;\n(ii) in case of a temporary employee his services shall stand terminated after giving him notice or remuneration in lieu of notice as per the existing service rules of the State Government.\n(a) no person employed in the Gujarat Public Health Engineering Service to whom any notice or order of termination of his services or compulsory retirement has been issued before the date of commencement of this Act shall be transferred to the Board;\n(b) the transfer of a person employed as aforesaid against whom any disciplinary proceeding is pending shall initially be provisional and the State Government shall review such transfer after the final order as a result of such disciplinary proceeding is passed and thereafter pass such order as may appear to it to be appropriate in the circumstances of the case;\n(c) the disciplinary or other action in relation to any person referred to in clause (a) or clause (b) may be taken after the date mentioned in clause (a) in such manner and by such authority as the State Government may by general or special order specify in this behalf;\n(d) if the services of any employee of the State Government stand transferred under sub-section (1) or sub-section (2) to the Board, the Board shall be competent after such transfer to take such disciplinary or other action as it thinks fit against or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the State Government.\n(b) The pay and allowances of any officer posted in accordance with clause (a) under the Board shall, during the period of posting, be paid by the Board from its fund.\nChapter IV\nTaking over of Water Supply and Sewerage Services from Local Body by Board",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Vesting of existing water supply and sewerage services in the Board.",
"chapter": null,
"content": "(a) all the existing water supply and sewerage services, sewage works and sewage farms, including as the case may be, all plants, machineries, water-works, pumping stations, filter beds, water mains and public sewers in, along, over or under any public street, and all buildings, land and other works, materials, stores and things appertaining thereto, belonging to or vested in that local body;\n(b) so much of the sub-soil appertaining to the said water mains and sewers as may be necessary for the purpose of enlarging, deepening or otherwise repairing or maintaining, any such water mains and sewers or any pipes and other appliances and fittings connected with such water supply and sewerage services and sewage works and sewage farms; and\n(c) all rights, liabilities and obligations of such local body relating to the things mentioned in clauses (a) and (b) including the right to recover any cost or fees or charges relating to water supply and sewerage services and also including liabilities arising from any loans advanced by Government or any other person to the said local body for the things aforesaid, other that loans diverted to or utilised for purposes other than those referred to in clauses (a) and (b),",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Board to assume obligations in respect of matters to which this Act applies for water works taken from local bodies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Taking over of temporary management of water works or sewerage system of local body by Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Power of local body to entrust to Board any system for maintenance and operation.",
"chapter": null,
"content": "Chapter V\nInvestigation, Preparation and Execution of Schemes by the Board",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Investigation and preparation.",
"chapter": null,
"content": "[27. Approved scheme.\n[28. Execution of the approved scheme by the Board.\n[29. Cost of scheme.\nExplanation.\n30. [Adequate facilities to be provided to the Board] .",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "31",
"title": "31. Transfer of finally executed scheme [***] .",
"chapter": null,
"content": "Chapter VI\nContract, Finance, Accounts and Audit",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "32",
"title": "32. Execution of contract by Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "33",
"title": "33. Board Fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "34",
"title": "34. Other funds of Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "35",
"title": "35. General principles for the Board's finance.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "36",
"title": "36. Grants and subventions to the Boards.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "37",
"title": "37. Loans to the Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "38",
"title": "38. Initial contribution of Government to the Board Fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "39",
"title": "39. Power to borrow and re-lend.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "40",
"title": "40. Depreciation reserve.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "41",
"title": "41. Government as guarantor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "42",
"title": "42. Accounts and audit.",
"chapter": null,
"content": "(b) The Auditor so appointed shall have such powers of requiring the production of documents and the furnishing of information respecting such matters, and shall have such powers in respect of disallowance and surcharge as may be prescribed.\nChapter VII\nFees and Charges",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "43",
"title": "43. Cost of water.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "44",
"title": "44. Cost of disposal of waste water.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "45",
"title": "45. Meter rent and fees for services.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "46",
"title": "46. Deposits.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "47",
"title": "47. Recovery of sums due to the Board.",
"chapter": null,
"content": "Chapter VIII\nWater Supply",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "48",
"title": "48. Definition of supply of water for domestic purposes.",
"chapter": null,
"content": "(a) for any trade, manufacture or business;\n(b) for gardens or for purposes of irrigation;\n(c) for building purposes, including construction of streets;\n(d) for fountains, swimming pools, public bath or tanks or for any ornamental or mechanical purposes;\n(e) for animals, where they are kept for sale or hire or for the sale of their produce;\n(f) for the consumption and use at a restaurant or by inmates of a hotel, boarding house or residential club;\n(g) for the consumption and use by persons resorting to theatres and cinemas;\n(h) for watering streets; or\n(i) for washing vehicles where they are kept for sale or hire.",
"footnote": "",
"is_definition": true,
"sort_order": 42
},
{
"number": "49",
"title": "49. Water supply for domestic purposes not to be used for non-domestic purposes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "50",
"title": "50. Licensed plumbers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "51",
"title": "51. Prohibition of wastage water.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "52",
"title": "52. Power to cut off water supply.",
"chapter": null,
"content": "(a) if any fee, rental, cost of water or any charge or other sum due under this Act, is not paid within a period of fifteen days after service of a bill for the same; or\n(b) if after the receipt of a written notice from the Board requiring him to refrain from so doing, the consumer continues to use the water or to permit the same to be used in contravention of the provisions of this Act or any rules or regulations or bye-laws; or\n(c) if the consumer damages or causes to be damaged the water meter or any connection pipe or ferrule; or\n(d) if the consumer refuses to admit any officer or servant of the Board duly authorised in this behalf into the premises which he proposes to enter for the purposes of executing any work or placing or removing any apparatus or of making any examination or inquiry in connection with the water supply or prevents any such officer or servant from executing any work or placing or removing any apparatus or making such examination or inquiry; or\n(e) if the service pipe or any tap or other fitting or work connected therewith is found on examination by an officer or servant of the Board duly authorised in this behalf to be out of repair to such an extent as to cause wastage or contamination of water and immediate prevention thereof is necessary; or\n(f) if the consumer causes or allows to be caused the service pipe or any tap or other fitting or work connected therewith to be placed, removed, repaired or otherwise interfered with, in contravention of the provisions of this Act or of the rules or regulations or bye-laws; or\n(g) if by reason of leakage in the service pipe or any tap or other fitting or work, damage is caused to a public street and immediate prevention thereof is necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "53",
"title": "53. Prohibition of certain other acts.",
"chapter": null,
"content": "(a) wilfully obstruct any person acting under the authority of the Board in setting out the lines of any work or pull up or remove any pillar, post or stay fixed in the ground for the purpose of setting out the lines of such works, or deface or destroy any works made for the said purposes; or\n(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Board; or\n(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\n(d) obstruct any officer or servant of the Board in the performance and discharge of his duties and functions under this Chapter or refuse or wilfully neglect to furnish him with means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any waterworks; or\n(e) bathe in, 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 waterworks, or wash or clean therein any cloth, wool, or leather or the skin of any animal, or cause water of any sink or drain or any steam engine or boiler or any other polluted water to turn or be brought into any waterworks, or do any other act whereby the water in any water works belonging to the Board is fouled or likely to be fouled.\nChapter IX\nSewerage",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "54",
"title": "54. Right of owner to occupier to obtain sewer connection.",
"chapter": null,
"content": "(a) obtains written permission of the Board, and pays, connection fee and other charges in accordance with the bye-laws; and\n(b) complies with such other conditions as may be provided by the bye-laws.",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "55",
"title": "55. Power to require owner to have sewer connection.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "56",
"title": "56. Prohibition of connection with sewer without permission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "57",
"title": "57. Prohibition of construction of private street or building over sewer without permission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "58",
"title": "58. Power to affix shaft, etc. for ventilation of sewer or cess pool.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "59",
"title": "59. Power to examine and test sewer, etc. believed to be defective.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "60",
"title": "60. Prohibition of certain other acts.",
"chapter": null,
"content": "(a) wilfully obstruct any person acting under the authority of the Board under this Chapter in setting out the lines of any works or pull up or remove any pillar, post or stay fixed in the ground for the purpose of setting out lines of such work or deface or destroy any works made for the said purposes; or\n(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, valve, pipe or other works or apparatus belonging to the Board and pertaining to its duties and functions under this Chapter; or\n(c) unlawfully obstruct the flow of, or flush, draw off or divert or take sewage from any works belonging to the Board; or\n(d) obstruct any officer or servant of the Board in 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 works.",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "61",
"title": "61. Power of entry, survey, etc.",
"chapter": null,
"content": "(a) to make any inspection, survey, measurement, valuation or inquiry;\n(b) to take levels;\n(c) to dig or bore into the sub-soil;\n(d) to set out the boundaries and the intended lines of work;\n(e) to make such levels, boundaries and lines by placing marks and cutting trenches; or\n(f) to do any other thing necessary for the purposes of this Act or any rules or regulation or bye-laws:\n(a) if he considers the opening thereof necessary for the purpose of such entry; and\n(b) if the owner or occupier is absent or being present refuse to open such door, gate or barrier.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "62",
"title": "62. Power to disinfect tanks, pools and wells.",
"chapter": null,
"content": "Chapter X\nPenalties and Procedures",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "63",
"title": "63. General penalty.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "64",
"title": "64. Cognizance of offence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "65",
"title": "65. Offences by companies.",
"chapter": null,
"content": "(a) `company' means any body corporate and includes a firm or other association of individuals, and\n(b) `director' , in relation to a firm, means a partner in the firm.",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "66",
"title": "66. Power to arrest person committing an offence and refusing to give name and address.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "67",
"title": "67. Compounding of offences.",
"chapter": null,
"content": "Chapter XI\nExternal Control",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "68",
"title": "68. Directions to the Board on questions of policy.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "69",
"title": "69. Annual report, statistics, returns and other information by the Board.",
"chapter": null,
"content": "Chapter XII\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "70",
"title": "70. Execution of contracts by Board.",
"chapter": null,
"content": "(i) in relations to a water supply scheme, the part of such scheme from the main source of water supply up to the high-level reservoir, (both inclusive), and\n(ii) in relation to sewerage system, the part of the system from the main pumping station upto treatment works and works for disposal of effluent (all inclusive).",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "71",
"title": "71. Board to entrust its powers and duties to a committee, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "72",
"title": "72. Power of Government to issue directions for co-ordination of activities of Board and local bodies.",
"chapter": null,
"content": "73. [Assistance to Board] .",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "74",
"title": "74. General power to pay compensation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "75",
"title": "75. Protection or acts done in good faith.",
"chapter": null,
"content": "Chapter XII\nRules, Regulations and Bye-Laws",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "76",
"title": "76. Rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "77",
"title": "77. Regulations.",
"chapter": null,
"content": "(a) the summoning and holding of meeting of the Board and of the committees appointed by it, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of persons necessary to form a quorum thereat;\n(b) the recruitment and the salaries and allowances and other conditions of services of the employees of the Board;\n(c) the powers and duties of the employees of the Board;\n(d) the management of the property of the Board;\n(e) the execution of contracts and assurances of property on behalf of the Board and authentication of orders and instruments of the Board;\n(f) the limits upto which the Member-Secretary shall be competent to incur recurring or non-recurring expenditure in any financial year;\n(g) the maintenance of accounts and the preparation of balance sheet by the Board;\n(h) the procedure for carrying out the duties and functions of the Board under this Act;\n(i) any other matter for which provision is to be or may be made by regulations.",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "78",
"title": "78. Bye-laws.",
"chapter": null,
"content": "(a) the terms and conditions for supply of water for domestic or other purposes;\n(b) the installation of meters or the transfer of their connection, and their use, maintenance, testing, disconnection and reconnection, the fees, rent and other charge in respect thereof, including the furnishing of security by the consumer and matters connected therewith;\n(c) the fees, rent other charges to be paid for connection with a sewer of the Board and other terms and conditions for such connections;\n(d) any other fees and charge to be paid to the Board for services to the consumers;\n(e) any other matter for which provision is to be or may be made by bye-laws.",
"footnote": "",
"is_definition": false,
"sort_order": 71
}
],
"metadata": {
"Act ID": "guj223",
"Act Number": "Gujarat Act No. 18 of 1979",
"Enactment Date": "",
"Act Year": "1978",
"Short Title": "The Gujarat Water Supply and Sewerage Board Act, 1978",
"Type": "STATE",
"Location": "Gujarat"
},
"updated_at": "2026-09-29 21:55:19"
}