[25th
March, 1971] An Act to provide for the
establishment of Water Supply and Drainage Board and the regulation and
development of drinking water and drninage in the State of Tamil Nadu [3][except
the Madras Metropolitan Area]. BE it enacted by the
Legislature of the State of Tamil Nadu in the Twenty-first Year of the Republic
of India as as follows:- CHAPTER
I PRELIMINARY (1)
This Act may be called the Tamil Nadu Water
Supply and Drainage Board Act, 1970. (2)
It shall come into force on such date as the
Government may, by notification, appoint. (1)
“Board” means the Tamil Nadu Water Supply
and, Drainage Board constituted under section 4; (2)
“Chairman” means the Chairman of the Board; (3)
“Committee” means any Committee appointed
under section 14; (4)
“Director” means the Director of the Board
and includes its Chairman and Managing Director; (5)
“drainage” means any device for carrying of
sewage, offensive matter, polluted water, waste water, rain water or sub-soil
water; (6)
“Government” means the State Government; (7)
“local authority” means- (i)
[4][* *
*] (ii)
a municipal council constituted under the
Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), or (iii)
a township committee constituted under the
Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or the
Mettur Township Act, 1940 (Tamil Nadu Act XI of 1940), or the Courtallam
Township Act, 1954 (Tamil Nadu Act XVI of 1954), or the Bhavanisagar Township
Act, 1954 (Tamil Nadu Act XXV of 1954), or the Tamil Nadu Panchayats Act, 1958
(Tamil Nadu Act XXXV of 1958) or under any other law for the time being in
force, or (iv)
a panchayat union council or a panchayat
constituted under the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of
1958); (8)
“regulations” means the regulations made
under this Act; (9)
“rules” means the rules made under this Act; (10)
“scheme” means any scheme relating to the
provision of drinking water and drainage and such matters; incidental thereto
and includes a draft scheme prepared for the above purpose; (11)
“year” means the financial year. CHAPTER
II CONSTITUTION OF THE BOARD (1)
The Board shall consist of- (a)
a Chairman; (b)
a Managing Director; (c)
four Directors to represent respectively the
departments of the Secretariat of the Government dealing with- (i)
Finance; (ii)
Health and Family Planning; (iii)
Rural Development and Local Administration; (iv)
Public Works; (d)
[5][a
whole-time director of the Madras Metropolitan Water Supply and Sewerage Board
constituted under the Madras Metropolitan Water Supply and Sewerage Act, 1978,
nominated by that Board, ex-officio;] (e)
the Chairman, Chamber of Municipal ???
ex-officio; (f)
the President, Tamil Nadu Panchayat Union,
ex-officio; and (g)
a person with wide experience in the field of
public health engineering with reference to water supply or drainage or
disposal of industrial waste who, is not employed by the Government a local
authority or a corporation owned or controlled by the Government. (2)
The Chairman and the Managing Director shall
possess such qualifications as may be prescribed. The Directors other than
those referred to in clauses (d), (e) and (f) of sub-section (1) shall be
appointed by the Government. (3)
If for any reason the Director referred to in
clause (d) of sub-section (1) is unable to attend any meeting of the Board, he
may depute any officer subordinate to him to attend such meeting. The officer
so deputed shall have the right to take part in the discussions of the Board,
but shall not have the right to vote. (1)
The term of office of, and the terms and
conditions of service of, the Chairman, the Managing Director and the
non-official Directors and the manner of filling casual vacancies in the
offices of the non-official Directors of the Board shall be such as may be
prescribed. (2)
Any Director may resign his office by giving
notice in writing to the Government but he shall continue in office until his
resignation is accepted by the Government. (1)
A person shall be disqualified for being
appointed as, and for being, a Director of the Board, if he- (a)
has been sentenced for any offence involving
turpitude, such sentence not having been ??? (b)
is an un-discharged insolvent; (c)
is of unsound mind; (d)
is an officer or servant 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
reason 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 of
relating to the affairs of the Board is inserted; (iv)
the occasional sale to the Board, if the sum
paid has consideration does not exceed two thousand rupees in any one year, of
any article in which he or the incorporated company regularly trades. (3)
A person shall not also 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 shareholder of such company: Provided that such person
discloses to the Government the nature and extent of the shares held by him. Explanation.-For the
purposes of clause (d) of sub-section (1), the Chairman or the Managing
Director, or any Director shall not be deemed to be an officer servant of the
Board. (1)
If at any time it appears to the Government
that the Chairman has shown himself to be unsuitable for his office, or has
been guilty of any misconduct of neglect which renders his removal expedient,
they may, by notification remove him from office after giving him a reasonable
opportunity of showing cause. (2)
The Government may, by notification, remove
any non-official Director from office after giving him, a, reasonable
opportunity of showing cause- (a)
if, he has, without the permission of the
Board, been absent from the meetings of the Board for a period; of three
consecutive months reckoned from the date of the commencement of his term of
office, or of the last meeting which he attended, as the case may be, or if ???
the said period, less than three meetings have been held, been absent from
three consecutive meetings held after the said date; (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 he, in the opinion of the Government, is
unsuitable or has become incapable of acting as a Director or has so abused his
position as a Director as to render his continuance as such Director
detrimental to public interest. (3)
A non-official Director removed under any of
the provisions of clauses (a) and (b) of sub-section (2) shall unless otherwise
directed by the Government be disqualified for appointment as a Director for a
period of three years from the date of his removal. (4)
A non-official Director removed under clause
(c) of sub-section (2) shall not be eligible for reappointment until he is
declared by an order of the Government to be no longer ineligible. CHAPTER
III OFFICERS AND MEMBERS OF THE STAFF OF THE BOARD (1)
The Board may appoint a Secretary, a Chief
Engineer, an Accounts Officer and such other officers and servants as it
considers necessary for the efficient performance of its functions: Provided that the Board
shall not without the previous approval of the Government, sanction the
creation of, or appoint any person to, any post the maximum monthly salary of
which exceeds one thousand and six hundred rupees. Provided further that in
case of emergency- (a)
the Managing Director may appoint,
temporarily, for a period not exceeding three months such officers or servants
as may, in his opinion, be required for the purpose of this Act and the
employment of whom for any particular work had not been prohibited by any
resolution of the Board; and (b)
every appointment made under clause (a) shall
be reported by the Managing Director to the Board at its next meeting. (1)
The Board shall prepare and maintain a
schedule of establishment showing the number, designation and grades of the
officer's and servants (other than the employees who are paid by the day or
whose pay is charged to temporary work), whom it considers necessary and proper
to employ for the purposes of this Act, and also the amount and the nature of
the salary, fees and allowances to be paid to each such officer or servant and
contributions payable under section 33 in respect of each officer and servant. (2)
The schedule referred to in sub-section (1)
shall be revised every year before the first May of that year and shall contain
the particulars mentioned in that sub-section, of the officers and servants of
the Board employed on the 31st March immediately preceding. Provided that no employee of
an existing authority as defined under the aforesaid Act and appointed under
section 20 of that Act, shall be transferred or posted to the service of the
Board except with his consent.] CHAPTER
IV CONDUCT AND BUSINESS OF THE BOARD (1)
The Board shall meet at such times and places
and shall, subject to the provisions of sub-sections (2) and (3), observe such
rules of procedure in regard to transaction of business at its meetings
(including the quorum at meetings) as may be prescribed by regulations: Provided that the Board
shall meet at least once in three months. (2)
The Chairman or in his absence, the Managing
Director shall preside at a meeting of the Board; (3)
All questions at any meeting of the Board
shall be decided by a majority of the votes of the Directors preset and voting
and in the case of an equality of votes; the Chairman or in his absence the
Managing Director presiding, shall have and exercise a second or casting vote. (1)
The Board may associate with itself in such
manner and for such purposes as may be determined by regulations any person
whose assistance or advice it may desire in performing any of its functions
under this Act: Provided that the number of
persons so associated shall not be mote than four. (2)
The Board may invite any person to offer his
Views on any subject discussed at any meeting of the Board. (3)
A person associated with the Board under
sub-section (1) or invited for a discussion under sub-section (2) for any
purpose shall have the right to take pert in the discussions of the Board
relevant to that purpose but shall not have the right to vote at a meeting of
the Board. (1)
The Board may, from time to time, appoint
Committees consisting of such number of persons as it may think fit for the
purpose of discharging such duties or performing such functions, and on such
terms and conditions as may be prescribed by regulations. (2)
The Chairman or such other person as he may
nominate in this behalf shall be the president of the Committee and the
Committee shall observe which rules of procedure in regard to transaction of
business at its meetings as may be prescribed by regulations. (3)
All proceedings of the Committee shall be
subject to confirmation by the Board. (a)
of any vacancy or defect in the constitution
of the Board or the Committee; or (b)
of any defect or irregularity in the
appointment of a person acting as a Director thereof; or (c)
of any defect or irregularity in such act or
proceeding not affecting the merit of the case. CHAPTER
V POWERS AND FUNCTIONS OF THE BOARD (a)
at the instance of the Government or a local
authority- (i)
investigating the nature and type of schemes
that can be implemented in the area of any local authority for the provision of
drinking water and drainage facilities; (ii)
planning and preparing of schemes including
schemes covering areas falling within the jurisdiction of more than one local
authority for the purpose of providing the supply of drinking water or drainage
facilities; (iii)
executing such schemes under a phased
programme for the ??? of thinking water and drainage facilities within the area
of local authorities to which such schemes relate; (b)
providing technical assistance or giving
advice to local authorities in the execution and maintenance of water supply
and drainage works; (c)
establishing and maintaining schemes
incidental to water supply and drainage such as testing of water, designing of
plant for purification of water, conducting research relating to water supply
and maintaining farm schemes; (d)
any other matter which is supplemental,
incidental or consequential to any of the above functions; and (e)
such other functions as may be prescribed. (i)
to acquire and hold such movable and
immovable property as it deems necessary and to lease, sell or otherwise
transfer any such property subject to such conditions as may be prescribed; (ii)
to acquire under the Land Acquisition Act,
1894 (Central Act I of 1894) any land or any interest therein required by the
Board for implementing any scheme; (iii)
to incur expenditure and undertake any work
in any area in the State for the preparation and execution of such schemes as
it may consider necessary for the purpose of carrying out the provisions of
this Act, or as the case may be, the functions entrusted to it by the
Government; (iv)
to enter into any contract; and (v)
to do all things necessary for the purpose of
carrying out the provisions of this Act. CHAPTER
VI INVESTIGATION, PREPARATION AND EXECUTION OF SCHEMES BY THE BOARD (1)
As soon as the investigation undertaken by
the Board is completed, the Board shall prepare an estimate of the expenditure
that is likely to be incurred in regard to the scheme and also a sketch showing
the salient features relating to the scheme and forward the same along with the
report of the investigation to the local authority or authorities concerned. (2)
On receipt of the documents referred to in
sub-section (1), the local authority concerned shall, within such time, as may
be prescribed, examine the report of the investigation of the scheme proposed
to be implemented in its area with reference to the cost to be incurred for the
scheme and with reference to its financial capacity to meet the cost of the
scheme. If the local authority decides to get the scheme implemented, it shall
pass a resolution within such as may be prescribed authorising the Board to ???
the scheme. The resolution so passed by the local, authority shall specify
clearly that the local authority shall meet the cost of execution of the scheme
and its maintenance and also indicate the manner in which and the ways and
moans by which, the cost of the scheme is proposed to be borne by such local
authority. (3)
On receipt of the resolution and other
particulars referred to in sub-section (2), the Board shall examine, in
general, the feasibility of implementation of the scheme in all its aspects and
in particular the financial capacity of the local authority concerned. If on
such examination the Board is satisfied about the feasibility of implementation
of the scheme then the Board shall forward the draft scheme to the Government
for their approval. (4)
Notwithstanding anything contained in any law
relating to local authorities for the time being in force, or in any other law,
for the time being in force, any resolution passed by any local authority under
this section shall be final and any such resolution shall not be cancelled or
rescinded or altered by such local authority except with the previous approval
of the Government. (1)
The Government shall, by a notification in
the Tamil Nadu Government Gazette, publish their approval to the draft scheme. (2)
A notification published under sub-section
(1) shall be conclusive evidence that the scheme has been duly made and
approved. The scheme shall thereupon become final and shall be hereinafter
called the “approved scheme.” (1)
The cost relating to the preparation and
execution of any scheme by the Board including all incidental expenses connected
therewith incurred by the Board shall be borne by the local authorities
concerned on whose behalf such scheme was prepared and executed by the Board.
In cases where the scheme was prepared and executed for more than one local
authority, the cost of such scheme shall be borne by the local authorities
concerned in such proportion as may be determined by the Board. (2)
The ??? Board shall by recoverable by the
Board from the local authority concerned in such manner and in such number of
instalments and at such time or times as may be prescribed. (3)
In the event of any failure on the part of
any local authority to pay he cost of the scheme to the Board, the Government
shall pay to be Board, such cost or so much thereof as is remaining due and
shall recover he same from the local authority concerned in such manner and in
such number of instalments and at such time or times as may be prescribed. (4)
The Board may include in the cost of
investigation, preparation and execution of any scheme or any other work
undertaken by it, the supervision and ceilings charges at such rates as may be
prescribed. (1)
In the case of schemes proposed by a local;
authority, the Board may agree to prepare and execute the scheme if it is
satisfied that such scheme is necessary and feasible. The Board may refuse to
prepare and execute such scheme if it is satisfied that such scheme is either
unnecessary or not feasible or that it is otherwise un-executable. (2)
Any local authority deeming itself aggrieved
by the refusal of the Board under sub-section (1) may, within two months from
the date of receipt of the order of such refusal, appeal to the Government who
may pass such orders there on as they think fit and it shall be the duty of the
Board or local authority to give effect to such orders accordingly. No local authority shall
without the approval of the Board investigate prepare or execute any scheme: Provided that no such
approval shall be given by the Board if the cost of the scheme to be undertaken
by the local authority exceeds or is likely to exceed fifty thousand rupees. (a)
in relation to the Madras Metropolitan Area
within the meaning of the Madras Metropolitan Water Supply and Sewerage Act,
1978 on and from the date on which the assets and liabilities of the Board are
transferred under section 26 of that Act, and (b)
for or for the benefit of, a local authority
(being an existing authority within the meaning of the aforesaid Act) in the
said area, on and from the date on which the assets and liabilities of such
local authority are transferred under section 26 of that Act: Provided that works in
progress within the meaning of Explanation to section 27 of the said Act shall
be continued and completed by the Board in accordance with that section. CHAPTER
VII TRANSFER OF ASSETS AND LIABILITIES OF THE PUBLIC HEALTH ENGINEERING AND
MUNICIPAL WORKS DEPARTMENT TO THE BOARD (1)
[8][Every
person who immediately before the notified date is serving in connection with
the affairs of the Department of Public Health Engineering and Municipal Works
including the office of the Chief Engineer (Public Health Engineering and
Municipal Works) under the Government shall as from that date be deemed to have
been allotted to serve in connection with the affairs of the Board and shall
cease to be an employee of the Government: Provided that the conditions
of service applicable immediately before the notified date to any person shall
not be varied by the Board to his disadvantage except with the previous
approval of the Government: Provided further that [9][subject
to sub-section (2)] nothing contained in [10][this
sub-section] shall apply to any officer or other employee who has, by notice in
writing given the Board within sixty days next following the notified date
intimated his intention of not becoming an officer or other employee of the
Board. (2)
[11][Notwithstanding;
anything contained in the second proviso to sub-section (1), any officer or
other employee who, having given the notice mentioned in that proviso,
continues to serve in connection with the affairs of the Board may, within
sixty days next following the date of the commencement of the Tamil Nadu Water
Supply and Drainage Board (Amendment) Act, 1973, withdraw in writing such
notice and on such withdrawal, he shall, as from the notified date and subject
to the first proviso to that sub-section, be deemed to have- (a)
been allotted to serve in connection with the
affairs of the Board, and (b)
ceased to be an employee of the Government. (a)
As soon as may be after the notified date,
the Government may, after consulting the Board, direct by general or special
order that such of the employees other than those employees referred to in
section 30 serving immediately before the said date in connection with the
affairs of the State 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 is such order: Provided that no such
direction shall be issued respect of such person without his consent for such
allotment: Provided further that the
conditions of service applicable immediately before the notified date to any
such person shall not be ??? to his disadvantage except with the previous
approval of the Government. (b)
With effect on and from the date specified in
the order under clause (a) the pet sons specified in such order shall become
employees of the Board and shall cease to be employees of the Government. (1)
The money standing to the credit under the
Provident Fund Account of any officer or servant transferred from the service
of the Government 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 ??? 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 the
Government. Explanation.-In this section
and in sections 30, 31 and 33, “notified date” in regard to persons who are
deemed to have been allotted to the Board's service under section 30 means such
date as is notified by the Government in this behalf; and in regard to persons
who were allotted by the Government to the Board's service under section 31
means the respective dates on which such persons become the employees of the
Board. CHAPTER
VIII FINANCE, ACCOUNTS AND AUDIT (1)
The Board shall have its own fund. (2)
The Board may accept loans, grants,
subventions, donations and gifts from the Central or State Government or a
local authority or any individual or body or organisation whether incorporated
or not for all or any of the purposes of this Act. (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, a 11 charges, all interests, profits and other moneys
accruing to the Board shall constitute the fund of the Board. (4)
All moneys and receipts specified in the
foregoing provisions and forming part of the fund of the Board shall be
deposited into the public accounts of the Government under such detailed head
of accounts as may be prescribed [12][or
in- (a)
the Reserve Bank of India constituted under
the Reserve Bank of India Act, 1934 (Central Act II of 1934), or (b)
the State Bank of India constituted under the
State Bank of India Act, 1955 (Central Act 23 of 1955), or (c)
any corresponding new bank as defined in the
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central
Act 5 of 1970), and the said account shall be operated upon by such officer's
of the Board as may be authorised by the Board and in such manner as may be
prescribed: Provided that the Board may invest
any sums not required for immediate use in such securities or debentures as may
be approved by the Government. (1)
Subject to the provisions of this Act and the
rules made there under and subject to such conditions as may be specified by
the Government by a general or a special order issued in this behalf by them
and with their previous approval, the Board may, from time to time, borrow
money required for the purposes of this Act by any one or more of the manners
specified below:- (a)
raising loans from any Bank or other
financing institutions or the Life Insurance Corporation established under
section 3 of the Life Insurance Corporation Act, 1956 (Central Act 31 of 1956);
or (b)
raising loans from any Corporation, owned or
controlled by the Central or the State Government; or (c)
raising loans from the public by issue of
bonds, or debentures or stocks or otherwise in the form and manner approved by
the Government. (2)
Subject to the provisions of this Act and to
such conditions and limitations as may be prescribed, the Board may out of its
funds grant loans 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 the water supply and drainage. Provided that the Government
shall, so long as any such guarantees are in force, lay before both Houses of
the Legislature in every year during the Budget session, a statement of the
guarantees, if any given during the current year and an up-to date account of
the total sums, if any which have been paid out of the Consolidated Fund of the
State by reason of any such guarantees or paid into the said Fund towards
repayment of any money so paid out. (1)
Whenever money is borrowed by the Board on
debentures, the debentures shall be in such form as the Board may with the
previous sanction of the Government specify. (2)
All debentures shall be signed fry the
Managing Director or Secretary or by any one of the official Director of the
Board. (3)
The holder of any debenture in any form
specified under sub-section (1) may obtain in exchange there for a debenture in
any other form specified in the manner provided in sub-section (1) and upon
such terms as the Board may determine. (4)
Every debenture issued by the Board shall be
transferable by endorsement, unless some other ??? of transfer is specified
therein. (5)
All coupons attached to debentures issued by
the Board shall bear the signature of the Managing Director and such signature
may be engraved, lithographed or impressed by any mechanical process. (1)
The Chairman shall, at a special meeting to
be held in the month of February in each year, 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 fulfilment 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
??? 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. (1)
Every such estimate, as sanctioned by the
Board, shall be submitted to the 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 the Government who may then approve it. (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 39 and of section 40 shall apply to every supplementary
estimate. (a)
from a sinking fund established under section
43 in respect of the loan; (b)
by paying in equal yearly or half-yearly
instalments of principal or of principal and interest, throughout the said
period; (c)
from money borrowed for the purpose; (d)
partly from the sinking fund established
under section 43 in respect of the loan, and partly from money borrowed for the
purpose; or (e)
from any other source, with the prior
permission of the Government. (1)
The Board shall, as soon as may be after the
end of each year, prepare and submit to the Government before such date and in
such form as may be prescribed previous year and the report shall also give an
account of ??? (2)
??? the Government at ??? manner as may be
??? Government may direct such statistics ??? in regard to any proposed ??? the
Government may from time to time require. (1)
The accounts of the Board shall be maintained
in such manner and in such form as may be prescribed by regulations. The Board
shall prepare an annual statement of accounts in such form as may be precribed. (2)
The accounts of the Board shall be audited
once in a year by such auditor as the Government may appoint in this behalf. (3)
The auditor appointed under subjection (2)
shall, in connection with such audit, have such rights, privileges and
authority as may be prescribed and in particular, the right to demand the
production of books, accounts, connected vouchers and other documents and to
inspect any of the offices of the Board. (4)
The Secretary shall cause the report of the
auditor to be printed and forward a printed copy thereof to each Director and
shall bring, such report before the Board for consideration at its next
meeting. (5)
The Board shall remedy, forthwith, any
defects or iregularities that may be pointed out by the auditor and submit a
report thereon to the Government. (1)
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 they deem fit and the Board shall comply with
such instructions. (2)
The Government shall- (a)
cause the accounts of the Board together with
the audit report thereon forwarded to them under sub-section (1) to be laid
annually before the State Legislature; and (b)
cause the accounts of the Board to be
published in the prescribed manner and make available copies thereof on sale at
a reasonable price. Provided that the Board
shall, before writing off any such amount or sum exceeding twenty-five thousand
rupees, obtain the sanction of the Government. CHAPTER
IX PENALTIES AND PROCEDURE (a)
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 there
under, or (b)
removes any mark set up for the purpose of
indicating any level or direction necessary to the execution of works authorized
by this Act or any rule or regulation made or scheme sanctioned there under, he
shall be punishable with fine which may extend to two hundred rupees. (a)
with fine which may extend to one hundred
rupees, and (b)
in case of a continuing contravention, with
fine, which may extend to fifty rupees for each day after the first during
which the contravention continues. (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 salaried[13]
presidency magistrate or a salaried magistrate of the first-class shall try any
offence punishable under this Act. (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 rank regulation or scheme made thereunder, if the name
or address of such person be unknown to him and if 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 or for any longer time
than is necessary for bringing him before a magistrate and in no case shall
such detention exceed twenty-four hours from the time of arrest without the
orders of a magistrate. (1)
If the person committing an offence under
this Act is a company, every person, who, at the time of the offence was
committed, was in-charge 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. CHAPTER
X MISCELLANEOUS Provided that- (a)
he shall not act under this section in
contravention of any direction of the Board or the Government prohibiting the
execution of any particular work or the doing of any particular act; (b)
he shall report the action taken by him under
this section and the reasons there for to the Board at its next meeting and
shall also submit a copy of his report to the Government and the Board or the
Government may issue such directions as it or they may deem fit on such report. (a)
institute, defend or withdraw from legal
proceedings instituted under this Act or any rules or regulations made
thereunder; (b)
compound any offence against this Act or any
rules or regulations made thereunder which, under any law for the time being in
force or the rule prescribed by the Government, may lawfully be compounded; (c)
admit, compromise or withdraw any claim made
under this Act or any rules or regulations or schemes made thereunder; and (d)
obtain such legal advice and assistance as he
may, from time to time, think it necessary or expedient to obtain, or as maybe
desired by the Board to obtain, for any of the purposes referred to in the
foregoing clauses of this section, or for securing the lawful exercise or discharge
of any power or duty vested in or imposed upon the Board or any officer or
servant of the Board. (1)
The Government, by notification, authorise
any authority or officer to exercise any of the powers vested in them by this
Act except the power to make rules under section 72 and may in like manner
withdraw such authority. (2)
The Board may, by general or special order in
writing, delegate to the Chairman or Managing Director or any other Director of
the Board or the Secretary or any other officer of the Board such of its powers
and functions under this Act except the power to acquire land under section 17
and to make regulations under section 73 as it may deem necessary and it may in
like manner withdraw such authority. (3)
The exercise of any power delegated under
sub-section (1) or sub-section (2) shall be subject to such restrictions and
conditions as may be specified in the order and also to control and revision by
the Government or by such officer as may be empowered by the Government in this
behalf or as the case may be, by the Board or such officer as may be empowered
by the Board in this behalf. (4)
The Government or the Board, as the case may
be, shall also have the power to control and revise the acts or proceedings of
any officer so empowered. (1)
It shall be the duty of every police officer- (a)
to co-operate with the Board for carrying
into effect and enforcing the provisions of this Act or any rule or regulation
or scheme made thereunder; (b)
to communicate without delay to the proper
officer or servant of the Board any information which such police officer
receives of a design to commit, or of the commission of, any offence against
this Act or any rule or regulation or scheme made thereunder; and (c)
to assist the Board or any officer or servant
of the Board reasonably demanding the aid of such police officer for the lawful
exercise of any power vesting in the Board or any such officer or servant under
this Act or any rule or regulation or scheme made thereunder. (2)
Any police officer who omits or refuses to
perform any duty imposed on him by this Act, shall be deemed to have committed
the offence under section 10 or under section 44 of the Tamil Nadu District
Police Act, 1859 (Central Act XXIV of 1859). (1)
When a dispute exists between the Board and
one or more than one other local authority or among local authorities in regard
to any matter arising under the provisions of this Act, and the Government are
of the opinion that the parties are unable to settle it amicably among
themselves, they 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. (1)
The pro visions 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: Provided that nothing in
this Act shall be deemed to prevent the local authority from discharging its
duties in regard to the making, altering, repairing or renewing any water
course or other work in respect of any area within the jurisdiction of that
local authority under any law for the time being in force. (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. (1)
When any person is convicted of any offence
under this Act or any rule of regulation or scheme made thereunder, the
magistrate convicting such person may, on application made in this behalf by
the Board or by its officer or servant authorised by it in this behalf,
call-upon such person forthwith to show cause as to why he should not pay
compensation to the Board for the damage caused by his act or omission in
respect of which he is convicted. (2)
The magistrate shall record and consider any
cause which such person may show and if the magistrate, after taking such
inquiry as he may think fit, is satisfied that such person is liable to pay
compensation, may direct that compensation to such amount not exceeding one
thousand rupees as he may determine, be paid by such person to the Board. (3)
The amount of compensation directed to be
paid under sub-section (2), shall, if it be not paid forthwith, be recovered as
if it were a fine imposed by the magistrate on such person. (1)
All orders and decisions of the Board shall
be authenticated by the signature of the Secretary or any officer of the Board
authorised in writing by the ??? in this behalf. (2)
The Managing Director or any officer of the
Board authorised in writing in this behalf may sign on behalf of the Board any
agreement or other instrument to be executed on behalf of the Board. (1)
The Managing Director or any person either
generally or specially authorised by the Managing Director in this behalf may,
with or without assistants or workmen, enter into or upon any land, in order- (a)
to make any inspection, survey, measurement,
valuation or inquiry; (b)
to take levels; (c)
to dig or bore into the sub-soil; (d)
to set out boundaries and intended lines of
work; (e)
to mark such levels, boundaries and lines by
placing marks and cutting trenches; (f)
to place and maintain pipes, drains and other
installations upon, along, across or under any land; or (g)
to do any other thing, whenever it is
necessary to do so for any of the purposes of this Act or any rule or
regulation made or scheme sanctioned thereunder or any scheme which the Board
intends to frame thereunder: Provided as follows:- (a)
no such entry shall be made between sunset
and sunrise; (b)
no dwelling house, and no public building or
hut which is used as a dwelling place, shall be so entered, except with the
consent of the occupier thereof, without giving the said occupier at least
twenty-four hours previous written notice of the intention to make such entry; (c)
sufficient notice shall, in every instance,
be given even when any premises may otherwise be entered without notice, to
enable the inmates of any apartment appropriated to women to remove themselves
to some part of the premises where their privacy will not be disturbed; (d)
due regard shall always be had, so far as may
be compatible with the exigencies of the purpose for which the entry is made to
the social and religious usages of the occupants of the premises entered. (2)
Whenever the Managing Director or a person
authorised under sub-section (1) enters into or upon any land in pursuance of
that sub-section, he shall, at the time of such entry, pay or tender payment
for all necessary damage to be done as aforesaid; and in case of dispute, as to
the sufficience of the amount so paid or tendered, he shall at once refer the
dispute to the Board; whose decision shall be final. (1)
No suit, prosecution or other legal
proceeding shall be against any person for anything which is, in good faith,
done or intended to be done pursuance of this Act or any rule or order or
scheme made thereunder. (2)
No suit or other legal proceeding shall lie
against the Government, the Board or any Committee thereof, for any damage,
caused or likely to be caused by anything which is in good faith done or
intended to be done in pursuance of this Act or of any rule or order or scheme
made thereunder. CHAPTER
XI RULES AND REGULATIONS (1)
The Government may make rules for the purpose
of carrying into effect the provisions of this Act. (2)
In particular and without prejudice to the
generality of the foregoing power, such rules may provide for- (a)
all matters expressly required or allowed by
this Act to be prescribed; (b)
the qualifications for appointment of, and
the grant of leave of absence to the, Chairman and the Managing Director of the
Board; (c)
the term of office and the terms and
conditions of service of the Chairman, the Managing Director and the
non-official Directors including the payment of any honorarium or sitting fees
for attending the meetings of the Board and any other allowances and the manner
of filling casual vacancies in the offices of the non-official Directors of the
Board; (d)
the function of the Board; (e)
the conditions of the acquisition, transfer,
etc., of property by the Board. (f)
the time-limit within which the resolutions of
the local authority, for the preparation, execution, etc., of schemes by the
Board will have to be passed and communicated to the Board; (g)
the time-limit within which the approval of
the Government to the draft schemes prepared and forwarded by the Board, will
have to be given; (h)
the manner in which and the number of
instalments and the time or times at which the cost or the schemes shall be
recovered; (i)
the manner of operation of funds by the
Board; (j)
the mutual relationship of the Board and
other local authorities in any matter in which they are jointly interested; (k)
the borrowing and lending of money by the
Board; (l)
the conditions and limitations for the grant
of loans and advances by the Board to the local authorities; (m)
the form in which the reports of the Board
will have to be prepared by the Board and the form and manner and the time
limit for the submission of statistics and returns by the Board to the
Government; (n)
the rights privileges and authority of
auditors appointed under this Act; (o)
the manner in which the accounts of the Board
will have to be published. (3)
All rules made under this Act shall be
published in the Tamil Nadu Government Gazette, and unless they are expressed
to come into force on a particular day shall come into force on the day on
which they are so published. (4)
Every rule made under this Act shall, as soon
as possible after it is made, be placed on the table of both Houses of the
legislature, and if, before the expiry of the session in which it is so placed
or the next session both Houses agree in making any modification in any such
rule or both Houses agree that the rule should not be made the rule shall
thereafter have effect only in such modified form or be of no effect, 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. (1)
The Board may, by notification, make
regulations not inconsistent with this Act, and the rules made thereunder, for
the purpose of giving effect to the provisions of this Act. (2)
In particular and without prejudice to the
generality of the foregoing power, such regulations may provide for- (a)
all matters expressly required or allowed by
this Act to be prescribed by regulations; (b)
the terms and the conditions of appointment
and service and the scales of pay of officers and servants of the Board
including the payment of travelling and daily allowances in respect of journeys
undertaken by such officers and servants of the Board; (c)
the supervision and control over the acts and
proceedings of the officers and servants of the Board and the maintenance of
discipline and conduct among the officers and servants of the Board; (d)
the procedure in regard to the transaction of
business at the meetings of the Board including the quorum; (e)
the purposes for which and the manner in
which temporary association of persons may be made; (f)
the duties, the functions, the terms and
conditions of service of the members of the Committees; (g)
the duties, the functions and the powers of
the Chairman, the Managing Director, the Secretary and the Chief Engineer of
the Board; (h)
the manner and the form in which a sinking
fund, a depreciation re serve fund and the development fund has to be
constituted; (i)
the manner and the form relating to the
maintenance of the accounts of the Board. (3)
No regulation or is canellation or
modification, shall have effect until the same shall have been approved by the
Government. (4)
The Government may, by notification, rescind
any regulation made under this section and thereupon, the regulate shall cease
to have effect. [1] Received the assent
of the President on the 24th March, 1971, first published in the Tamil Nadu
Government Gazette Extraordinary, on the 25th March, 1971 (Chaitra 4, 1893) [2] For Statement of
Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the
23rd November, 1970, Part IV—Section 3, page 305. [3] These words were
inserted by section 85 of, an Part (VII) of the Schedule to the Madras
Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 25 of 1978). [4] This sub-clause was
omitted by section 85 of, and Part V(2) of the Schedule to, the Madras
Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978). [5] This clause was
substituted for the following clause by section 85 of, and Part V(3) of the
Schedule to the Madras Metropolitan Water Supply and Sewerage Act, 1978 (Tamil
Nadu Act 28 of 1978):— “(d)
the Commissioner, Municipal Corporation of Madras, ex Officio;” [6] This section was
inserted by section 85 of, and Part V(4) of the Schedule ??? the Madras
Metropolitan Water apply and Sewerage 1978 (Tamil Nadu Act 28 of ???). [7] This section was
inserted by section 85 of, and Part V(5) of the Schedule to, the Madras
Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 25 of 1978). [8] Section 30 was
renumbered as sub-section (1) by section 2 of the Tamil Nadu Water Supply and
Drainage Board (Amendment) Act, 1973 (Tamil Nadu Act 18 of 1973). [9] These words, brackets
and figure were inserted by section 2(1)(a) of the Tamil Nadu Water Supply and
Drainage Board (Amendment) Act, 1973 (Tamil Nadu Act 18 of 1973). [10] These words were
substitute for the words “this section” by section 2(1)(b) of the Tamil Nadu
Water Supply and Drainage Board (Amendment) Act, 1973 (Tamil Nadu Act 18 of
1973). [11] This sub-section was
added by section 2(2) of the Tamil Nadu Water Supply and Drainage Board
(Amendment) Act, 1973 (Tamil Nadu Act 18 of 1973). [12] These words, figures,
letters and brackets were substituted for the words figures and brackets “or in
the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934
(Central Act II of 1934) and the said account shall be operated upon by such
officers of the Board as may be authorised by the Board and is such manner as
may be prescribed” by section 2 of the Tamil Nadu Water Supply and Drainage
Board (Amendment) Act, 1972 (Tamil Nadu Act 13 of 1972). [13] According to clauses
(a) and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974); any reference to a Magistrate of the first class
shall be construed as a reference to a Judicial Magistrate of the first class
and any ??? to a Presidency Magistrate shall be construed as a reference to a
Metropolitan ??? with effect on and from 1st April, 1974.Tamil Nadu Water Supply and Drainage Board
Act, 1970][1]
[Tamil Nadu Act 4 of 1971][2]
In this Act, unless the context otherwise requires,-
The duty of carrying out the provisions of this Act shall, subject to the
restrictions, conditions and limitations therein contained, be vested in a
Board to be called “The Tamil Nadu Water Supply and Drainage Board”; and such
Board shall be a body corporate and have perpetual succession and a common
seal, and shall by the said name sue and be sued.
The appointment of the Chairman, the Managing Director and the official and
non-official Directors shall be notified in the Tamil Nadu Government Gazette.
Subject to such regulations as may be framed by the Board, the Managing
Director shall exercise supervision and control over the acts and proceedings
of all the offices and servants of the Board.
Notwithstanding anything contained in this Act or in any other law for the time
being in force or in any contract or other instrument, the Board may, with the
concurrence of the Madras Metropolitan Water Supply and Sewerage Board
constituted under the Madras Metropolitan Water Supply and Sewerage Act, 1978
establish common service cadres and service conditions for the staff employed
by either Board and thereupon, such staff shall be liable to be posted or
transferred to the service of either Board:
No act done or proceedings taken under this Act by the Board or any Committee
shall be invalidated merely on the ground-
The Board shall perform all or any of the following functions, namely:-
The Board shall, for the purpose of carrying out its functions under this Act,
have the following powers, namely:-
The cost of investigation of any scheme undertaken 1 by the Board either at the
instance of the Government or local authority shall be borne by the local
authority concerned. In case where the investigation is undertaken for more
than one local authority, the cost of such investigation shall be borne by the
local authorities concerned in such proportion as may be determined by the
Board.
As soon as may be, after the submission of the draft scheme under sub-section
(3) of section 19, the Government shall within such time as may be prescribed,
either approve the said draft scheme or approve it with such modifications, as
they may consider necessary or return the said draft scheme to the Board to
modify the draft scheme or to prepare a fresh draft scheme in accordance with
such directions as the Government may issue in this behalf and resubmit it to
the Government for approval.
As soon as the notification under section 21 is published in the Tamil Nadu
Government Gazette, the Board shall execute the approved ??? it the areas of
the local authority or authorities concerned.
Notwithstanding anything contained in this Act or in any other law for the time
being in force. If in the opinion of the Government, it is expedient in the
public interest to investigate, prepare and execute any scheme in any area of a
local authority, or where any local authority wilfully refuses or fails to pass
any resolution for the execution of any scheme by the Board under section 19
and such refusal or failure in the opinion of the Government is without
sufficient reasons, then, they may, by general or special order, direct the
Board to investigate, prepare and execute any scheme in any are a of a focal
authority. The provisions of sections 19 to 22 (both inclusive) shall, so far
as may be apply to the preparation and execution of the scheme by the Board
under this section. The cost relating to the investigation, preparation and
execution of the scheme by the Board under this section shall be paid by the
Government to the Board and the same shall be recovered by the Government from
the local authority concerned in such manner and it such number of instalments
and at such time or times as may be prescribed.
It shall be the duty of the local authority concerned to which any scheme
relates, to provide necessary assistance to the Board for the proper execution
of any approved scheme within the territorial limits of such local authority.
Notwithstanding anything contained in this Act, the Board or any other
authority referred to in this Act shall have no power, function or
responsibility for investigation, preparation or execution of any scheme-
All the assets and liabilities of the Public Health Engineering and Municipal
Works Department except the assets and liabilities which the Government may by
general or special order, specify in this behalf, shall, subject to such
directions as they may specify in such order, vest in the Board.
The Government may transfer to the Board any building, land or other property
movable or immovable or the use of, and management by, the Board on such
conditions and subject to such limitations as may be imposed by the Government.
The Government shall credit the leave salary and pensionary 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 ???
Government on the notified date.
The Government may, from time to time, make subventions, and grants or advance
loans to the Board or any local authority for the purposes of this Act on such
terms and conditions as the Government may, in each case determine.
The Government may guarantee in such manner as they think fit, the payment of
the principal and interest of any loan proposed to be raised by the Board or
any loan proposed to be given by the Board to any local authority in regard to
the investigation, preparation or execution of schemes made under this Act:
Every loan taken by the Board shall be repaid by the Board within the period
agreed upon by the Board by such of the following methods as may be approved by
the Government, namely:-
The Board may constitute a sinking fund, a depreciation reserve fund and a
development fund in such manner and in such form a may be prescribed by
regulations. Such fonds shall be invested in such manner as may be determined
by the Board with the approval of the Government.
The Board shall pay to the said auditor such remuneration as the Government may
direct.
The Board may write off any amount whatsoever due to it, whether under a
contract or otherwise or any sum payable in connection therewith, if, in its
opinion, such amount of sum is irrecoverable:
No person shall be disqualified for being chosen as, or being a member of the
Legislative Assembly or of the Legislative Council by reason only of the fact
that he is a Chairman or a Director of the Board.
If any person-
Whoever contravenes any of the provisions of this Act or of any rule or
regulation or scheme made or scheme sanctioned thereunder, shall, if no other
penalty is provided for such contravention, be punishable-
The Managing Director may, in cases of emergency, direct the execution of any
work or the doing of any act which requires the sanction of the Board if the
immediate execution or the doing of which is, in his opinion, necessary for the
service or safety of the public and may also direct that the expenses of
executing the work or of doing the act shall be paid from the funds of the
Board:
The Managing Director may, subject to the control of the Board-
The Government may issue to the Board or to the local authority concerned such
orders and directions as in their opinion are necessary or expedient for
carrying out the purposes of this Act and the Board or such local authority, as
the case may be, shall give effect to all such orders and directions.
No suit shall be instituted against the Board, or any Director, or any officer
or servant of the Board, of any person acting under the direction of the Board,
or of the Chairman or Managing Director or of any officer or servant of the
Board, in respect of any act done or intended to be done under this Act or any
rule or regulation or scheme made thereunder until the expiration of sixty days
next after written notice has been delivered or, left at the Board's office or
the place of abode of such officer, servant or person, stating the cause of
action, the name and place of abode of the intending plaintiff, and the relief
which he claims, and the plaint must contain a statement that such notice has
been so delivered or not.
In any case not otherwise expressly provided for it this Act, the Board may pay
reasonable compensation to any person who sustains damage by reason of the
exercise of any of the powers vested by or under this Act in the Board or the
Chairman or the Managing Director or any officer or servant of the Board.
If any amount due to the Board in accordance with the terms of a contract of
otherwise or any sum payable in connection therewith, has not been paid, the
Board may, without prejudice to any other remedy provided by law, recover such
amount or sum as arrears of land revenue.
Every notice or bill which is required by this Act or by any rule or regulation
made thereunder to bear the signature of the Managing Director or any other
Director or of any officer or servant of the Board, shall be deemed to be
properly signed if it beats the ??? mile of the signature of the Managing
Director or of such other Director or of such officer or servant, as to case
may be, stamped thereupon.
All officers and servants 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 (Central Act XLV of
1860).
The Board shall be deemed to be a local authority for the purposes of the Land
Acquisition Act, 1894 (Central Act I of 1894), and the Local Authorities Loans
Act, 1914 (Central Act IX of 1914).