The Madras Metropolitan Water Supply and Sewerage Act, 1978

Keyword(s):
Drain, Local Authority, The Madras Metropolitan Area, Occupier, Sewer, Trade Effluent, Water Supply, Water Work
Amendments s appended: 16 of 1985, 6 of 1992, 41 of 1994, 35 of 1996, 56 of 1997, 58
of 1997, 30 of 1998, 49 of 1998, 50 of 1998, 8 of 2012, 48 of 2012

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Madras Metropolitan Water Supply and Sewerage Act, 1978 Act 28 of 1978 Keyword(s): Drain, Local Authority, The Madras Metropolitan Area, Occupier, Sewer, Trade Effluent, Water Supply, Water Work Amendments s appended: 16 of 1985, 6 of 1992, 41 of 1994, 35 of 1996, 56 of 1997, 58 of 1997, 30 of 1998, 49 of 1998, 50 of 1998, 8 of 2012, 48 of 2012 $02 ~adras Met ropotit an I [IY~I : T.N. Act 18 Water Supply and Sewerage Tf iE MADRAS METROPOLITAN WATER SUPPLY AND SEWERAGE ACT, 1978. ARRANGEMENT OF SECTIONS. 10. Mgnaging Director. J I 1 11. Finance and Engineering Directors. 12. Ternls atid conditio~is of service of w aletime directors. 13. on-official directors. 14. Disqualifications for appointment as dir~ctor of the Board 15. Removal of directors. CHAPTER I. I PRELIMINARY. I SECTIONS. 1. Shcrt title and commencement. 2. Definitions. CHAPTER 11. ESTABLISHMENT OF THE BOARD AND ITS POWERS AND FUNCTIONS. 3. Establishment of the Board. 4. Constitution of the Board. 5. Functions of the Board. 6. Powers of the Board. 7. Power of Board to call for Informatidn. 8. Board to be exempt &om sales-tax and treated like Government for certain other tax,s, 9, Compulsory acquisition of land, etc. CHAPTER 111. I I I DIRECTORS, COMMITTEES AM) EMPLOYEES. I ifi : f.N. Act a81 Madras Metropolitan 803 Water Supply and Sewerage SECTIONS. 16. Resignation and temporary absence of directors. 17. Committees. 18. Meetings of the Board and the committees. 19. Appointment of officers and other employees. 20. Appointment of employees of local authorities. 21. Common service cadre. 22. Delegation of powers. 23. Indemnity of certain directors and bar to proceedillgs. 24. Defects not to invalidate acts. CHAPTER IV. ESTABLISHMENT, TRANSFER AND VESTING OF WATER SUPPLY ANG SEWERAGE SERVICES. I 25. Local Authority to furnish information to Board prior to notified date. 26. Vesting of water supply and sewerage services in the Board. 27. Provision for continuance of works in progress. 28. Duty to transfer assets, etc., to Board. 29. Settlement of disputes. i 1 30. Continuance of existing provisions, contracts, obligations, legal proceedings, etc. I ~ CHAPTER V. I FINANCB, ACCOUNTS AND AUDIT. 31. Boards’ fund. 32. Power of the Board to borrow and lend. 33. Form, signature, exchange, transfer and affect of debentures. 34. Taxes leviable by the Board. 35. Assessment of annual value. 36. Restriction on the levy of taxes. 125 -10-5 1~ I SECTIONS. 37. Budgets. 1 38. Balance sheet and income and expenditure account. 39. Audit. 40. Previous sanction of Oovernment for certain scheaes, plans and works. 41. Power to write off irrecoverable amounts. 804 ~adras ~ettopols’tan water Supply and Sewerage CHAPTER VI. I 1 1978 : T.N. Act 28 I WATER SUPPLY AND SEWERAGE. Water Supply. I 42. Water supply system. I 43. Supply of water to public authorities and payment therefor. 44. Payments for water supplied under the Act and non-liability of the Board. 45. Water connections for domestic consumption and use. 46. Control over house and other connections. 47. Calculation of charges for water supply. 48. Prevention of wastage of water. 49. Power to cut off water supply. 1 50. Control over wells, etc. 51. Control over use, etc., of underground water in certain cases. 52. Power to order cleansing of insanitary private water course, spring, tank, well, etc., used for drinking. 53. Prohibition of building over water mains. 54. Prevention of pollution, etc. Sewerage. I 55. Sewerage system. 56. Sewer connections. 57. Power to provide sewers in combination. 58. Power to close or limit the use ofexistingprivate sewers, 59. Control over house sewers, privies and cess-pools. 60. Closure, removal, etc., of works in certain cases. 61. Sewers, etc., to conform to regulations. 1978: T.N. Act 281 Madras Metropolitan Water Supply 805 and Sewerage General. 62. Obligations of owner and occupier. 63. Board’s power to carry pipes, sewers, and to maintain works. 64. Works beyond the Madras Metropolitan Area. 65. Vesting of materials in pipes, sewers, etc., and Board’s power to dispose of same. 66. Power to carryout works, remove encroachments, sell unclaimed materials, etc. 67. Power to enter upon land, etc., and to place and maintain mains, etc. 68. Works to be done by licensed pIumber. 69. Prohibition of certain acts. 8 CHAPTER VII. TRIBUNAL, APPEALS AND REVISION. 70. Constitution of Tribunal. 71. Appeals. 72. When appeals can be heard and finality of rates, etc. 73. Revision, CHAPTER VIII. Board’s dues to be recovered as arrears of land reyenue. Duties of authorities, etc., to assist the Board. Directors, etc., to be deemed public servants. 77. Offences and penalties. 78. Offences by companies. 79. Powers to remove difficulties. 806 Madras Metropolitan Water Supply I 11978: T.N. Act 28 and Sewerage i 80. Power to make rules. 81. Power to make regulations. 1 82. Application of certain provisions of Tamil Nadu Act 4 of 1971. 83. Application of certain provisions of Tamil Nadu Act 111 of 1939. 84. Effect of other laws. 85. Amendments to other enactments and savings. 86. Service how to be effected. 87. Application of Act on extension of Mad I! as Metropolitan Area. 88. Rules and notifications to be placed before the Legislature. THE SCHEDULEp 1978: T.N. Act 281 Madras Metropolitan Water 807 Supply and Sewerage TAMIL NADU ACT NO. 28 OF 1978.* THE MADRAS METROPOLITAN WATER SUPPLY AND SEWERAGE ACT, 1978. [Received the assent of the President on the 8th June 1978, Prst published in the Tamil Nadu Government Gazette Extraordinary on the 14th June 1978 (Vaikasi 31, Kalayukti (2009-Tiruvalluvar Andu)).] An Act to provide for the constitution of the Madras Metropolitan Water Supply and Sewerage Board, for excltlsively attending to the growing needs of and for planned development and appropriate regulation of water supply and sewerage services in the Madras Metropolitan Area with particular reference to the protection of Public health and for all matters connected therewith or incidental thereto. Bn it enacted by the Legislature of the State of Tamil Nadu in the Twenty-ninth Year of the Republic of India as follows:- CHAPTER I. I 1. (1) This Act may be called the Madras Metropolitan Short title and commen- Water Supply and Sewerage Act, 1978. czment. (2) It shall come into force on such date as the Government may, by notification, appoint ; and different dates may be appointed for different areas and for different provisions of this Act. 2. In this Act, unless the context otherwise requires, ~~fin~~~on~(a) “authorised authority” in relation to any power to be exercised or function to be performed under any provision of this Act means any committee, director, officer or other employee of the Board to whom such power or function has been delegated under section 22; –. * For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 10th January 1978, Part IV-Section 1, Page 196. 808 Madras Metropolitan [lW8 : T.N. Ad 28 Water Supply and Sewerage 1 (b) “Board” means the Madras Metropolitan Water Supply and Sewerage Board established under section 3 ; (c) “director” means the director of the Board and includes its Chairman and Managing Director; I (d) “drain” includes a tunnel, pipe, ditch, gutter or channel or any cistern, flush-tank, septic tank, cess pool, or other device for carryingoff ortreatingor disposing sewage, sullage, offensive matter, polluted water, waste water or sub-soil water, and also includes eny culvert, ventilator, shaft or pipe or other appliances or fittings connected with such drain, and any ejector, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage, sullage or offensive matter from any place; but does not include a rain or storm water drain or a water table constructed by the side ofthe road kerb or a chute leading from such water table to a side drain exclusively meant to drain away rain water on the road; (e) ” existing authority ” includes- (i) a local authority having jurisdiction over tbe Madras Metropolltan Area.or part thereof ; and (ii) the Government ; I (f) ” local authority ” means- (i) the Municipal Corporation of Madras ; or (ii) a municipal council, constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or a panchayat union council or a panchayat constituted under the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958), or (iii) a township committee constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu I Act V of 1920) 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) the Tamil Nadu State Hdusing Board constituted under section 3 of the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961) (hereinafter referred to as the Tamil Nadu State Housing 1 Bmrd), or 1978: T.N. Act 281 Madras Metro~olitan 809 Water Supply and Sewerage (v) the Tamil Nadu Water Supply and Drainage Board constituted under section 4 of the Tamil Nadu Water Supply and Drainage Board Act, 1970 (TamilNadu Act 4 of 1971) (hereinafter referred to as the Tamil Nadu Water Supply and Drainage Board), or (vi) the Tamil Nadu Slum Clearance Board establishyd under section 34 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act 11 of 197 1) (hereinafter referred to as the Tamil Nadu Slum Clearance Board), or (vii) the Madras Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), (hereinafter referred to as the Madras Metropolitan Development Authority) ; (g) ” Government ” means the State Government ; (h) ” Madras Metropolitan Area ” means the Madras Metropolitan Planning Area as defined in clause (23-a) of section 2 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) ; (i) ” notified date ” in relation to any local authority means the date notified under sub-section (1) of section 26 in respect of that local authority ; (j) ” occupier ” includes,- (i) any person for the time being paying or liable to pay to the owner, the rent or any portion of the rent of land or building or part of the same in respect of which the word is used or damages on account of the occupation of such land, or building or part thereof ; and (ii) a rent free occupant ; (k) ” owner ” includes- (a) the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver or for any religious or charitable purpose, the rents or profits of the property in connection with which the word is used. (b) the person for the time being in charge of the animal in connection with which the word 1s used ; (1) ” prescribed ” means prescribed by regulations made by the Board ; 810 Madm Metropolitan ‘ 11978 : T. NI A@ 28 Water Supply and Sewerage. 1 (m) ” regulations ” means regulations made under this Act ; (n) ” sewage ” means night-soil and other contents of water closets, latrines, privies, cess’pools or drains, and polluted water from shafts, kitchens, bathrooms, stables, cattle sheds and other like places, and includes trade effluent ; (0) ” sewer ” means any device for carrying off sewage, sullage, offensive matter, polluted water, waste water, or sub-soil water, and includes a drain ; (p) ” sewerage ” means a system of sewers for collection, treatment or disposal of sewage and includes sewerage works ; (q) ” sewerage works ” includes any sewer channel, duct, collection or treatment or disposal units, pumping station, engine, mobile collecting unit, and other machinery and any adjacent land not being private property and any land, building or other things for collection or treatment or disposal of sewage ; (r) “trade effluent” includes any liquid gaseous or solid substance which is wholly or in part produced or discharged from any premises used for carrying on any trade or industry including agriculture and horticulture but does not include domestic sewage ; (s) ” Tribunal ” means Tribunal constituted under section 70 and having jurisdiction ; (t) ” water supply” means a system of providing water to, a community for meeting its requirement for drinking and other domestic uses, industrial, recreationa1 and other public uses except for purposes of irrigation and generation of hydel power ; (u). ” water works” includes any source of water supply like stream, lake, spring, river or canal, well, reservoir, cistern and tank, dug well, bore well, dug-cumbore well, tube well, filter points and infiltration galleries, any channel, duct, whether covered or open, desalination plants, treatment units, sluice supply main, culvert, bridge, engine, water tank hydrants, stand-pipe or post, conduit and machinery and any adjacent land not being private property and any land, building or other things for supplying water or for protecting source of water suppIy or for treatment of water : (v) ” ye@ ” means the ihancial year. I I 1978 : T.N. Act 281 Madr~s Metropolitan 811 Water Supply and Sewerage CHAPTER 11. ESTABLISHMENT OF TjHB BOARD AND ITS POWERS AND FUNCT~ONS. 3. (1) With effect from such date as the Government Establishment may, by notification, appoint in this behalf, there shall be of the Board. established a Board by the name Madras Metropolitan Water Supply and Sewerage Board. (2) The Board shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued. 4. The Board shall consist of the following directors, Constitution namely :- of the Board. (a) the Secretary to Government in charge of the department of Rural Development and Local Administration who shall be the Chalrman of the Board, exo fficio ; (b) the Secretary to Government in charge of the Finance Department, ex-0fSicio ; (c) the Member-Secretary of the Madras Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), ex-ofSicio ; (d) the Commissioner, Municipal Corporation of Madras, ex-o8icio ; (e) six non-official directors nominated by the Government, of whom- (i) one shall be a woman ; (ii) one shall be a person to represent theinterests of the general public ; (iii) one shall be a person who is experienced in Government or commercia! accounts and is qualified as a . Chartered Accountant w~thln the meanlng of the Chartered Accountants Act, 1949 (Central Act XXXVIII of 19491, or a Cost Accountant withln the meaning of the cost and Works Accountants Act, 1959 (Central Act 23 of 1959) 4 (h) one shall be an experienced public health gr water works engineer ; and I 1 812 Madras Metropolitan [I978 : T. N. Act 28 Water Supply and Sewerage (v) two shall be persons to represent major industrial or commercial organisations in the Madras Metropolitan Area ; (f) three whole time direc 1 ors appointed by the Government, namely :- (i) a Managing Director ; (ii) a Finance Director ; and I (iii) an Engineering Director. I IFunctions Of 5. (1) The Board shall perform 11 or any of the follow- the Board. ing functions, namely :- L (a) promoting or securing the planned development, efficient operation, maintenance and regulation of water supply and sewerage system in the Madras Metropolitan Area ; (b) preparing long term,plans to meet the future requirements of water supply and sewerage in the Madras Metropolitan Area, based on estimates of demand, surveys on availabilities and usage of water and other relevant matters and periodically reviewing, revising and bringing up-to-date such plans ; (c) undertaking developmental activities with a view to meet the future requirements of water supply and sewerage in the Madras Metropolitan Area ; (d) operating and maintaining the water supply and sewerage services in the Madras Metropolitan Area to the best advantage of the inhabitants of that area ; (e) such functions relating to water supply or sewerage as the Government may, by notification, entrust to the Board provided that such entrustment shall be with the Board’s concurrence, if it does not relate to any- thing to be done in respect of the Madras Metropolitan Area ; (f) any other matter which is supplemental, incidental or consequential to any of the above functions; and I (g) such other functions as may be entrusted to the Board by or under any other law for the time being in force. 1998 : T.N. Act 281 Madras hfetropofitari Water Supply and Sewerage 813 (2) In the discharge of its functions the Board shall- (a) have due regard to public health, safety and convenience of the public ; (b) consult and collaborate with the Madras Metropolitan Development Authority in regard to planning and undertaking development activities connected with the water supply and sewerage systems for the Madras Metropolitan Area and extend full assistance to and cooperate with the local authority in relation to matters connected with water supply systems or water works or sewerage works or road works or sim~lar works ; (c) be guided by such instructions on questions I of policy involving public interest as may be given to it by the Government and in~ase of any difference of opinion as to whether a question 1s or 1S.vt a question of policy involving public interest, the declslon of the Government thereon shall be final. (3) Subject to the provisions of this Act, the Board shall exercise all powers, perform all functions and carry out duties in respect of water supply and sewerage systems in the Madras Metropolitan Area to the exclusion of any department of the Government or any other existing authority. (4) The Board shall endeavour to be financially self-supporting, and shall for this purpose so conduct its affairs that its income is adequate to meet all its outgoings, provisions for or allocations towards future obligations and costs. 1 (5) The Board shall furnish from time to time to the Government such returns and information as the Government may require. I 6. (1) The Board shall, subject to the provisions of Powers d t this Act, have the power to do anything which may be the ~~ard. necessary or expedient for the purpose of carrying out its functions and duties under this Act. (2) Without prejudice to the generality of the foregoing provision, the Board shall have the power- (i) to take over all existing responsibilities, powers, controls, facilities, services and administration relating to water supply and sewerage in or for the Madras Metropolitan Area ; 814 Madras Metropolitan 1 [lV8 : T.N. Act % Water Supply and Sewerage (ii) to enlarge, improve or develop existing facilities and to construct and operate new facilities for water supply and sewerage in or for the Madras Metropolitan Area ; (iii) to prepare schemes for water supply and sewerage (including abstraction of water from any natural source and the disposal of waste and polluted water) in or for the Madras Metropolitan Area ; (iv) to regulate the construction, maintenance and repairs of wells, tanks and ponds and the drilling of tubewells, whether public or private, in the Madras Metropolitan Area ; (v) to control extraction, 0 onservation and use of underground water in the Madras Metropolitan Area; (vi) to prevent pollution of any water including any water source, water course or channel utilised for the purpose of the Madras Metropolitan Area ; (vii) to prescribe the manner of treatment of trade before discharge thereof and to regulate the discharge thereof into any sewer canal, river or other water channel utilised for the purpose of the Madras Metropolitan Area ; (vi i i) to conduct research, experiment and survey and to do all things necessary for that purpose ; (ix) to enter into contracts, agreements or arrangements with any person, firm or organisatlon ; (x) to acquire, hold and dispose of property, movable or immovable ; (xi) to prepare and adopt its annual accounts and budgets ; (xii) to determine, levy and collect taxes, rates, fees, charges, surcharges, rents and costs and expenses authorised under this Act ; (xiii) to borrow money, issue debentures and manage its funds, including the power to mortgage, hypothecate, or pledge any of its assets ; (xiv) to incur expenditure and to grant loans anel advances as it may deem necessary and to recover the *inoipal and interest threon on such terms and oonditions as it may specify ; and (xv) to do all things necessary for the purpose of oarrying out the provisions of this Act. 1938 r T.N. Act a81 Madras ~etropo!itarr 815 Water Supply andSewertage 7. The Board may, for the purposes of carrying out gzi $ the provisions of this Act, by notice require any person call foE to furnish, such information in his possession relating to information, water supply and sewerage systems, and shall act as a centre for the collection and exchange of information on such matters, in order to facilitate the preparation of studies, scheme or plan: and the development of policies which prromote the purposes of this Act. 8. (1) The Board shall be exempt from tax under Board to be any law relating to sales tax for the time bsing in force, exempt from in respect of water supply and sewerage services rendered ~~~~~efby it. Oovernment (2) Where under any law relating to municipal for certain other taxes. corporation, municipality, township, panohayat or planning or development authority, the Board and its properties and assets are subject to the levy of any tax, rate, charge, cess, fee, betterment levy or development charge, the rate or amount of such levy shall be the same as that applicable to the properties belonging to the Government or any local authority. 9. Any land or any interest therein required by the Compu!Jory Board for the purposes of this Act shall be deemed to be acq*lsltlOn needed for a public purpose within the meaning of the Of land’ Land Acquisition Act, 1894 (Central Act I of 1894). DIR~CTORS, COMMITTEES AND EMPLOYBES OF THB BOARD. 10. (1) The Managing Director shall be a person ~~fi~~who has special knowledge or practical experience in Director. respect of matters relating to water supply and sewerage, or has sufficient experience in administrative matters and arrangements. (2) The appointment of the Managing Director shall be for such period not less than three years as the Government may determine and the person appointed shall be eligible for reappointment. (3) The Managing Director shall be the Chief Executive Authority of the Board and shall be in charge of the day-to-day administration of the Board and shll exercise supervision and control over the employees of the Board. 816 Madras Metr~politun’ [I978 : T.N. Act 11. Water Supply and Sewerage (4) With the approval of the Board, the- Managing Director may delegate to any officer of the Board any of his functions and powers except those delegated to nim under section 22. I Finance and 11. (1) The Finance Di~ector shall be a person having Engneering practical experience In financial administration and In Directors. matters relatlng to finance and accounts, ancl the Engineering Director shall be a person qualified In engineering, having experience in water supply and sewuage systems. (2) The Finance Director and the Engineering Director shall hold office until the age of superannuation applicable under, or until their service is terminated pursuant to the terms and conditions determined under section 12. Terr?s and 12. The remuneration and other terms and conditions conaltions of service of the Managing Director, Finance Director of servicz and Engineering Director, shall be, such as may be of whole time determined by the Government in the case of first appoint- daecrors. ment and in the case of subsequent appointments shall be such as may be prescribed by the Board with the approval of the Government. ~~~-~ffi~i~l 13. (1) The term of office of non-official directors directors. shall be two years : Provided that such directors shall continue to hold office until their sucessors are nominated and assume office. (2) Non-official directors shall be paid such fees and allowances as may be prescribed for attending the meetings of the Board or of any of its committees and for attending to any other work of the Board. Disqualifi~ 14. (1) No person shall be eligible for being appointed cations as wholetime director or nominated as a non-official for appoint- director if he- menb as director of (a) has been removed or dismissed from the service ‘” Board* of the Central or State Government or of a local authority or of a corporation or company owned or controlled by the Central or State Government; or (b) is or at any time has been adjudicated as an insolvent or has suspended payment of his debts or has compounded with his creditors ; or 1 978: T.N. Act 281 Madras Metropolttun 8 17 Water Supply and Sewerage (c) is of ullsound mind and stands so declared by a competent court ; or (d) has been convicted of any offence, which in the opinion of the Government involves moral turpitude j or (e) in the case of nomination as a non-official director, is an employee of the Board or of the Central or State Government or of a local authority or of a corporation or company owned or controlled by the Central or State Government ; or Cf) having directly or indirectly, by himself or by any partner any share or interest in any subsisting contract made with, or any work being done for the Board ; or (g) is a director or a secretary, manager or other officer of any incorporated company which has any share or interest in any subsisting contract made with, or any work being done for, the Board. (2) If a wholetime director or non-official director- (a) becomes subject to any of the disqualifications mentioned in clauses (a) to (g) of sub-section (I), or (b) is absent without leave of the Board for more than three consecutive meetings thereof, he shall cease to be such director or non-official director. (3) A person shall not be disqualified under clause (f) or clause (g) of sub-section (I) or be deemed to have any share or interest in any contract within the meaning of those clauses, by reason only of his or his partner of the incorporated company of which he is a director, secretary, manager, or other officer, having a share or interest in- (i) any sale, purchase, lease or exchange of immovable property or any agreement for the same ; (ii) any agreement for the loan of money or any security for the payment of money only ; (iii) any newspaper in which any advertisement relating to the affairs of the Board is inserted ; (iv) the occasionalsale to the Board, if the sum paid as consideration does not exceed two thousand rupees in any one year of any article in which he or his partner of the incorporated company regularly trades, 125-1L52 k18 Madras Metropolitan Water [I978 : TON. Art 28 Supply and Sewerage (4) A person shall not also be disqualified under clause(f) or clause (g’l of sub-section (1) or be deemed to have any share or interest in any contract with, by or on behaif of, the Board, by reason only of his being a share holder of such company : I \ Provided that such person shall disclose to the Government, the nature and extent of the shares held by him. Removal of 15.(1) If at any time, it appears to the Governdent that directors. a wholetime director is unsuitable for such office, or has been guilty of any misconduct or 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 I non-o di cia1 director after giving him a reasonable opportunity of showing cause- (a) 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 (b) if he, in the opinion of the Government, is unsuitable or has become incapable of acting as a director or has been guilty of any misconduct or neglect or has so abused his position as a director as to render his continuance as such director detrimental to the interests of the Board. (3) A non-official director removed under the provision of clause (a) 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 such removal. 1 (4) A non-official director rehoved under clause (b) of sub-section (2) shall not be eligible for reappointment until be is declared by an order of the Government to be no longer as ineligible. I Resi~prtian 16. (1) Any director may resign his office, by and temporary giving notice in writing to the Government and the absence Of director giving such notice of the resignation, shall, on notification by the Government, be deemed to have vacated his office on and from the date on which the resignation is so notified, f 978 : T.N. Act 2881 Madras Metropolft~n 8 19 Water,zSupplY mzd Se~veruge (2) If any whole-time director is on account of illness or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise, in & ~rcumstances not involving the vacation of his office, the Government may authorise any other whole-time director to discharge the duties of such director in addition to his om. 17.(1) There shall be established the following com- committees. mittees, namely :- (a) ”Public Relation Committee” consisting of the Chairman of the Board, the Managing Director, the directors referred to in clause (c), clause (d), clause (e)(i) and (ii) of section 4, and one of the two directors referred to in clause (e) (v) of that section; (b) a “Tariff Committee” consisting of the Chairman of the Board, the Managing Director, -the Finance Director, the Directors referred to in clause (b), clause (e) (ii) and (iii) of section 4, one of the two directors referred to in clause (e) (v) of that section and the head of the planning branch of the Board; (c) a “Tenders Committee” consisting of the Managing Director, the Finance Director, the Engineering Director and the directors referred to in clause (b), clause (e) (iii) and (iv) of section 4 ; (d) an “Employment Committee” consisting of the Managing Director, the Finance Director, the Engineering Director and the head of the personnel branch of the Board ; (e) a “Management Committee” consisting of the Managing Director, the Finance Director, the Engineering Director and the heads of planning, personnel and materials branches of the Board. (2) The Board may constitute as many other committees consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons, for such purposes as it may deem fit. 18. (1) (a) The Board shall meet at least once in every Meetings of t@e three months. Board and the Committee. (b) The Committee shall meet at such times as may be prescribed. (2) The Chairman of the Board and in his absence, the Managing Director, and in the absence of both, the person chosen by the directors present from among themselves, shall preside at the meetings of the Board, 125-10-52A 820 Afadras Metropotiton Water [I978 : T.N, Act 28 Supply and Sewerage (3) The meetings of the Public Relations Committee and the Tariff Committee shall be presided over by the Chairman of the Board and the meetings of the Tenders Committee, the Employment Committee and the Management Committee shall be presided over by the Managing Director. (4) The meetings of other Committees shall be presided over by such director as may be specified by the Board. (5) In the absence of the director who is to preside at meetings under sub-section (3) or sub-section (4), the remaining members of the Cornillittee concerned shall choose one among themselves to preside at the meeting concerned. (6) The Board arid the Committees shall observe such rules of procedure in regard to the transaction of business at meetings as may be prescribed. (7) All issues at any meeting of the Board or any Committee shall be decided by a majority of the votes of the directors or the members of the Committee present and voting and in the case of equality of votes, the person presiding shall have and exercise a second or casting vote. (8) If for any reason a director referred to in clause (b), clause (c) or clause (d) of section 4, is unable to attend any meeting of the Board or of any Committee, the Government may, by order, in writing nominate an officer of the Government or an officer of the Madras Metropolitan Deyelopment Authority or an officer of the Municipal Corporation of Madras, as the case may be, to attend such meeting and the officer so nominated shall, for purposes of this Act, be deemed to be a director. Appointment of 19. (1) The Board may appoint such officers and other officers and employees as it considers necessary for the efficient perether formance of its functions : employees. Provided that the Board shall not without previous approval of the Government, create any post the maximum monthly salary of which exceeds two thousand five hundred rupees, or appoint any person to any post the maximum monthly salary of which exceeds two thousand rupees. (2) Without prejudicL lo the provisions of sub-section (I), it sball be lawful for the Board to utilise suchemployees of the Government or any local authority or other 1978 : T.N. Act 281 Madras Metropolitan 821 Water Suppl~ and Sewerage institution on such terms and conditions as nlay be agreed upon between the Board and the Government, or local authority, or institution, as the case may be. 20. (1) Subject to the provisions of sul>-section (21, Appointment every person, who immediately before the notified date, is of employees an einployee of local authorities and who has been serving z:tl::ties. in cannection with the water-supply cr sewerage system maintained, in respect cf the Mzdras Metrc politzn Area shall, as from that date be transferred to the service under the Bsard in acc~rdance with the provisions cf this section : Provided that ncthing contained in this section shallapply to any employee of the Tamil Nadu State Hcusing B~ard or the Tamil Nadu Slum Cle~rance Bcard or an employee of any other existing authcrity who has, by notice, in writing intima.ted his intention of n~t beccming an employee of the Board within a pericd of threemonths from the notified date. (2) (a) Far the puipose of sub-section (11, the number of employees to be transferred to the service c f the B~ard shall not exceed the total number of emplayees of the existing authority serving as on the first day of Jenuary, 1977, in connection with the water-supply or sewerege system maintained by such existing authority of the Madras Metropolitan Area. (b) If the number of employees of an existing authgrity eligible for transfer uilder sub-sectic n (I) exceeds the t~tal number referred to ir~ clause (4, the existing autb~rity concerned shall detcrminc the number of employees to be transferred so as to conform to such total number. (c) If there is any doubt or disputc as to whether any employee has been serving in connection with wFtersupply or seweragc scrvicc, as referred to in sub-section (I) or is eligible for transfer to service under the Beard, cr has nl~t been.propcrly excluded from the employees to be transferred, the matter shall be referred to the Government whose decision thereon shall be final. . (3) The Board may select an employee of an existing authority to which sub-section (1 ) applies, for appointment to the service of the Boa1 d if such emplcyee has been serving partly in connection with the water-supply or sewerage system maintained for the Madras Metropolitan Area : 822 Madras Metropolitan [Is8 : T.N. Act a8 Water SupplY and Sewerage Provided that no such appointment shall be made without the consent of the employee concerned. (4) An employee appointed to the service of the Board under sub-section (2) or sub-section (3) shall- (a) cease to be an employee of the existing authority concerned with effect from the date of his appointment to the service of the Board ; (b) become an employee of the Board on such remuneration and other terms and conditions of service as the Board may determine and such determination shall be ha1 :- I Provided that the remuneration and other terms and conditions of the service of such an employee shall not be varied by the Board to his disadvantage except with the previous approval of the Government. (5) In respect of every employee who is appointed to the service of the Board under sub-section (2) or subsection (3), the existing authority concerned shall transfir to the Board the full amount on account of provident fund or other superannuation fund, if any, lying to his credit with such authority on the date on which such appt jfitment takes effect and the period of service under the existing authority of each such employee shall be taken into account in detenmining the amount of pension or gratuity, if any, to which an ernpl~yee may be entitled c n the termination of his service under the Board. (6) An existing authority shall, in respect of emp!oyces appointed under sub-secticn (2) and sub-section (3), credit to the Bcard such amounts as represent the cash equivalent of any leave credited to or any length of service taken or required to be taken into account by the Board for gratuity or pension of such employees and if there is any dispute about the amounts, the matter shall be referred to the Government whose decision thereon shall be final: C I Provided that the payment o the amount of such cash to the Boa.rd shall be in such manner as may be agreed by Board, and shall be made in instahents or at the time when the gratuity or pension becomes due. 1978 : T.N. Act 281 Madras Metropolitan 823 Water Supply and Sewerage (7) Natwithstanding anything contained in any law relating to industrial disputes or any other law for the time being in force, no employee transferred or appointed to the service of the Board under sub-section (2) or subsection (3) shall be entitled to any compensation under any such law by reason only of the termination of his service under the existing authority and no claim for such compensation shall be entertained by any court, tribunal or other authority. (8) No person who becomes an employee of the Board under this section shall have any right or claim against the Board in respect of his service prior to his becoming such employee except as otherwise provided in this section. 31. Notwithstanding anything contained in any other Common provision of this Act or in any other law for the time being seriricc cadre* in force or in any contract or other instrument, the Board may, with the concurrence of the Tamil Nadu Water Supply and Drainage Board establish common service cadres, and service conditions for the staff employed by either Board and such staff shall be liable to be posted or transferred to the service of either Board : Provided that no employee of an existing authority appointed to the service of the Board under section 20 shall be transferred or posted to the service of the-Tamil Nadu Water Supply and Drainage Board except wlth bis consent. 22. The Board may by general or special order delegate Deleeation sf to any Committee or to any director or to any officer or powers. other employee of the Board, subject to such conditions and limitations, if any, as may be specified, such of its powers and functions under this Act : 1 Provided that the Board shall not delegate any of its powers and functions referred to in section 12, sub-section (2) of section 17, sub-section (2) of section 19 and section 21 and the power to make regulations under this Act. 23. (1) Every non-official director shall be indernni&d!;z~y *f against all losses and expenses incurred by him in or in rela- directors tion to, the discharge of his dutles except such as are b, to caused by his own wilful act or default. proceedings, 824 Madras Metropolitan [I978 : T.N. Act 28 (2) Water No suit Supply or other and Sewera proceeding 1 e shall be instituted , against any director or member of any Committee or officer or employee of the Board for anything in good faith done or intended to be do~e in ‘ pursuance of this Act or any regulation or other instrument made thereunder. ~~f~~~~ not 24. (1) No act or proceeding of the Board or of any to invalidate Committee shall be questioned on the ground merely of acts. the existence of any vacancy in or defect in the constitution or reconstitution of, the Board or the Committee, as the case may be. I (2) All acts done by auy person acting in good faith as a director shall, notwithstanding that he was disqualified to be a director or that there was any other defect in his appointment, be deemed to be valid. CHAPTER IV. ESTABLISHMENT, TRANSFER AND VESTING OF WATER-SUPPLY AND SEWERAGE SERVICES. Local aythority 25. Immediately after the establishment of the Board to furn?sh under section 3, every local authority shall, furnish to the to Board the following information and particulars:- Board prior to notified date. (a) the description and details of all properties to be trmsfelred to the Board under this Act; (b) the particulars of liabilities to be transferred to the Board under the provisions of this Act ; (c) the particulars relating to existing contracts and other obligations devolving on the Board under the pro. visions of this Act ; (d) the particulars of all legs1 proceedings covered by section 30 to which the existing authority is a party, pending on the date of establishmet~t of the Board. Veeting of 26. (I) Subject to the other provisions contained in waterdupply this Act, all properties, assets and liabilities of an existing and sewerage in the authority relating to water supply and sewerage services Board. exclusively for the Madras Metropolitan Area (including all works in progress and all water works and sewerage works situated in or outside that Area and connected with the services as aforesaid) sh~ll stand transferred to, and vest in, the Board, with effect from such date as the Govern. merit may, by notification, appoint : I 1978 : T.N. Act 281 Madras Metropolitan 825 I Water Supply and Sewerage Provided that different dates may be notified- (i) for different existing authorities, (ii) for the vesting of different properties, assets and liabilities of the existing authorities. (2) Where any water works situate outside the Madras Metropolitan Area is utilised partly for water supply for that Area and partly for other areas or purposes, the Board and the Government shall enter into an agreement not later than three months from the date of coming into force of this Act specifying the nature and extent of the Board’s control over such works, the quality and quantity of water to be supplied for that Area and other matters connected therewith : Provided that in the absence of such agr, -ement or until such time as such agreement is reached, the Government shall be responsible for the continuance and inaintenance of the arrangements and works in existence on the date of coming into force of this Act. (3) The assets relating to water supply and sewerage service referred to in sub-section (I) shall be deemed to include all rights, powers, authorities and privileges, and all property, movable and immovable, including cash balances, deposits, funds and investments and all other interests and rights in or arising out of such property and all books, accounts and documents relating thereto as may be in the possession or control of a local authority immediately before the notified date ; and the liabilities relating thereto shall be deemed to include all debts, liabilities and obligations pertaining to such services. (4) If the notified date in relation to the Municipal Corporation of Madras is earlier than the notified date in lelation to the Government, the Government shall until the latter date and in respect of the water works situated outside but used exclusively for the Madras Metropolitan Area, be responsible for the continuance and maintenance of the arrangements and works in existence on the former date. 27. (1) Notwithstanding the transfer of the assets Provision fc: and liabilities of an existing authority to thr: Board under of works in sub-section (1) of section 26, the provisions of this section progress. shall apply to works in ptogress. 826 Madras Metrogoliton Water [I978 : T.N. Act 28 Supply and Sewerage 1 (2) With effect from the notified date applicable to the Municipal Corporation of Madras, the works In progress which are being executed or carried out by that Corporation (excluding such works executed or carried out by the Tamil Nadu Water Supply and Drainage Board, or for the benefit of the saidcorporation) immediately prior to that date, shall be taken over by the Board which shall be responsible for the continuance and completion thereof from that date, (3) Works in progress which are being executed or carried out by the Tamil Nadu Water Supply and Drainage Board for any other existing authority immediately prior to the notified date applicable to the existing authority concerned shall be continued and completed by that Board- (a) on behalf of the existing authority, if the assets and liabilities of that authority had not been transferred to the Board under sub-section (1) of section 26; and (b) on behalf of the Board, if such assets and liabilities had been so transferred to the Board. (4) In cases to which sub- ection (2) or sub-section (3) is not applicable, works in progress which are being executed or carried out by an existing authority immediately prior to the notified date applicable to that authority, the existing authority shall be responsible for the continuance and completion thereof from that date. (5) The existing authority concerned shall be responsible for the satisfactory completion of the work specified in sub-section (3) and sub-section (4) and shall be fully accountable therefor and immediately after the completion of such work. hand over to the Board all properties and assets pertaining to such work. (6) Where an existing authority continues to execute any work under this section, the Board shall be entitled to exercise such powers of supervision over such work and all matters connected therewith as lt may deem necessary to safeguard its interests and 1f the Board considers that the existing authority is carrying out such work in a rnamer prejudicial to the interests of the Board or at an unduly excessive cost, the Board may refer the matter to the Government for such action as may be considered nc)atssary in the circumstances. 1978 ; T.N. Act a81 Madras Metropolitan Water SupglY and Sewerage Explanation.-For the purposes of this section and section 26, “works in progress” shall include any work pertaining to water supply or sewerage servicts in or for the Madras Metropolitan Area which has actually commenced and is pending completion on the relevant date applicable under section 26, but shall not include the maintenance, alteration or repair of any work already completed or in use. 28. (1) Where any property or assets have been Duty to transferred to and vested in the Board under sub-section transfer aseth (1) of section 26, then- etc., to Board. (a) every person, in whose possession, custody or control any such property or assets may be, shall deliver the property or assets to the Board forthwith ex’mpt as otherwise provided in section 27; (b) any person who on the notified date, has in his possession, custody Or control any books, documents or other papers relating to the water supply and sewerage services referred to in sub-section (I) of section 26 shall be liable to account for the said books, documents and papers to the Board, and shall deliver them to the Board or to such person as the Board may direct. (2) It shall be lawful for the Board to take all necessary steps for Securing possession of all properties and assets which have been transferred to and vested in it under this Act. 29. (1) All questions relating to the transfer and vesting Settlement of of any asset or property under sub-section (1) of section disputes. 26, including identification and valuation of assets and liabilities and any financial arrangement shall be determined- (a) in the case of the Government, by agreement between the Government and the Board ; and I (b) in the case of any other existing authority, by a committee consisting of a nominee of the Board and of the existing authority concerned. (2) If the decision of the committee on any questioD is not acceptable to the Board or the existing authority concerned, the matter shall be referred to the Government whose decision thereon shall be final. 828 Madras Metropolitan Water [I978 : T.N. Act 28 Supply and Sewerage (3) The value determined under 1 his section shall be entered in the books of the Board as the value on the date of transfer. .Continuance 30. With effect from the notified date,- of existing provisions, coctracts, (a) any notification, order, scheme, rule, by-law, obligations, form or notice made or issued, and any licence or permislegal procee- sion granted by ally existing authority in so far as it relates dings, etc. to water supply or sewerage service in or for the purpose of the Madras Metropolitan Area, shall continue in force and be deemed to have been made, issued or granted under the provisions of this Act, unless and until it is superseded by any notification, scheme, order, regulation, form or notice made or issued or any licence or permission granted under this Act; I (b) all obligation? and liabilities incurred, all contracts entered into, all matters and things engaged to be done by, with, or for the existing authority, before the notified date in connection with the water suppIy or sewerage service in or for the purpose of the Madras Metropolitan Area, shall be deemed to have been incurred, entered into or engaged to be done by, with, or for the Board; 1 I (c) all suits, prosecutions, appehls or other legal proceedings of whatever nature instituted or which might have been instituted by or against an existing authority, in so far as they relate to the assets and liabilities transferred to the Board under section 26, may be continued or instituted by or against the Board : Provided that nothing contained in this clause shall I apply to any such suit, prosecution, appeal or other legal proceeding in respect of the levy, collection or payment of any rate, charge, :ess or fee for any period prior to the notified date appl~cable to the existing authority concerned. CHAPTER V. I Board’s fad. 31. (1) The Board shall have its own fund and all receipts of the Board shall be credited thereto and all payments by the Board shall beimade therefrom. f 918 : T.N. Act 281 Madras MetropoNtan Water SupplY and Sewerage (2) All moneys belonging to that fund may be deposited or invested- (i) in any scheduled bank within the meaning of the Reserve Bank of India Act, 1934 (Central Act I1 of 1934); or (ii) in any corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970); or (iii) in the State Bank of India as defined in the State Bank of India Act, 1955 (Central Act 23 of 1955) or its subsidiary banks as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act XXXVIIT of 1959) ; or (iv) in such securities as may be approved by the Government. (3) The Government may, from time to time, make grants, subventions, or advances or loans to the Board for the purposes of this Act on such terms and conditions as the Government may determine. (4) The Board may accept grants, subventions, donations and gifts from the Central or State Government or a local ‘authority, or any individual or body, whether incorporated or not, for all or any of the purposes of this Act. (5) The Board may constitute a sinking fund, depreciation reserve fund and other funds in such manner and in such form as may be prescribed. Such funds shall be invested in such manner as may be determined by the Board with the approval of the Government. 33. (1) Subject to the provisions of this Act and the Power of tie regulations made thereunder and subject to such conditions Board to borrow and as may be specified by the Government by a general or a I 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 of India established under section 3 of the Life Insurance Corporation Act, 1956 (Central Act 31 of 1956); or 830 Madras Metropolitan Water 11978 : T.N. Act 28 Supply and Sewerage (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 : Provided that the loans or amounts borrowed under this sub-section shall be utilised only for the specific purpose or purposes for which such loans or borrowings were raised or made. I I (2) Subject to the provisions of this Act and to such conditions and limitations as may be specified, 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 any development scheme. 1 (3) The Government may guarantee in such mahner as they think fit, the repayment of the principal and interest of any loan proposed to be raised by the Board under sub-section (1) : I 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 andan 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 re-payment of any money so paid out. Form, signature, 33. (1) Whenever money is borrowed by the Board ax~hange~transfer on debentures, the debentures shall be in such form as the and effect of Board may, with the previous approval of the Government, debentures. I (2) All debentures shall be signed by the Managing Director of the Board. (3) The holder of any debenture in any form specified under sub-section (1) may obtain in exchange therefor a debenture in any other form specified in the 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 mode of transfer is specified therein. I I 1978: T N. Act 281 Madra~ ~etro~o~tan wter 83 Supply and Sewerage (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. 34. (1) For the purposes of this Act, the Board shall Taxes leviable levy on premises situated within its area- by the Board. (a) a water tax; and (b) a sewerage tax. (2) The taxes mentioned in sub-section (1) shall be levied at such rates as may be prescribed which in the caee of watertax shall not be more thantwenty per cent and in the case of sewerage tax shall not be more than ten per cent of the assessed annual value of the premises. (3) The Board may, with the sanction of Government, exempt any local area from the whole or portion of the water tax and sewerage tax on the ground that such area is not deriving any or thc full benefit from the water supply or sewerage system, or the Board may remit a portion of such taxes not exceeding one half on the ground that the premises concerned has remained vacant. Explanation.-For the purposes of this chapter the expression “prcmises” shall mean any land or building. (4) Where water tax or drainage tax is comprised in the propertytax or house tax levied and collected by the existing authority such existing authority shall reduce the propertytax orhousetax by an amount equal to the amount attributable to water tax and drainage tax. 35. (1) For the purposes of section 34 the annual value ~~ses~~e~tof of the premises shall be deemed to be the gross annual rent annual value. at which they may reasonably be expected to let from month to mon h or from Year to year less a deduction in the case of buildings of a ten per cent of that portion of such annual rent which is attributable to the buildings alone apart from their sites and the adjacent lands occupied ‘ as an appurtenance thereto, and the said deduction shall be in lieu of all allowances for repairs or on any other account whatsoever : Provided that- (a) in the case of- (i) any Government building, or (ii) any building of a class not ordinarily let the gross annual rent of which cannot in the opinion of the Board be estimated, 832 ~adras Metropo~iton [ i898 : T. N. Act 28 Water Supply and Sewerag k I the annual value ofthe premises shall be deemed to be six per cent of the total of the estimated value of the premises after deducting for depreciation a reasonable amount which shall in no case be less than ten per cent of the total of the estimated value of the premises. (b) machinery and furniture shall be excluded from the valuation under this section. (2) The annual value of the premises for the purposa of levy of taxes mentioned in section 34 shall be assessed by such authority as may be prescribed. The Govenment shall have power to make rules regarding the manner in which, the person or persons by whom and the intervals at which the total of the estimated value of the premises and the amount to be deducted for depreciation shall be estimated or revised in any case or class of cases to which clause (a) of he proviso to sub-section (1) applies. (3) Till such time as the annual valuation ofland and buildings is determined under this Act,the annual value of land and buildings for the purposes of this Act, shall be the annual value as assessed by a Municipal Corporation, Municipali~y, Panchayat or other like authority. Restriction on 36. The taxes mentioned in section 34 shall not be levied the levy of taxes. on any land exclusively used for agricultural purposes unless water is supplied by the Board for such purposes to that land. Budgets. 37. (1) The Finance Director shall, in each year, prepare a revenue budget for the next ensuing year and the succeeding two years showing the estimated income and expenditure and place it before the Board for adoption. (2) Every such budget shall, as far as practicable, make provision for the due fulfilment of all the liabilities of the Board, and for the proper implementation of this Act. (3) Every such budget shall differentiate between capital and revenue, and capital funds shall not be used for revenue purposes. (4) Whenever the Board adopts a development plan under the provisions ofthis Act, the Finance Director shall prepare and place before the Board a capital budget covering a period of five years from the commencement of the plan and such budget may be reviewed and revised by the Board from time to time. , 1998 : T.&, kt 281 kadras ~etro~oiitan 833 Water Suppl~ and Stwerage (5) The Finance Director shall also prepare and place before the Board annually, a cash budget for the succeeding three financial years. (6) Save as otherwise provided in this section all budgets shall be in such form, shall contain such information and shall be prepared by such dates as may be prescribed. (7) The Board shall consider every budget so laid before it and shall sanction the same, either without modification or with such modification as it may deem fit. (8) Every such budget, as sanctioned by tSe Board, shall be submitted to the Government who may at any time within one month after receipt of tho same,- t (a) approve the budget, or (b) disallow the budget or any portion thereof, and return the budget to the Board for amendment, and if any budget is so returned to the Board, it shall forthwith proceed to amend it and shall resubmit the budget as amended to the Government who may then approve it. (9) The Board may at any time during the year for which any budget has been sanctioned, cause a revised budget to be prepared and laid before it. 38. (1) The balance sheet, income and expenditure Balancesheet account and statement of sources and application of funds and income and oft he Board shall be prepared in such form and in such expenditure manner as may be prescribed. account. (2) The Board shall cause the books and zccounts of the Board to be balahced and closed in each year as on the thirty-first day of March. 39. (1) The accounts of the Board shall be audited by Audit. an auditor duly qualified to zct as an auditor under subsection (1) of section 226 of the Companies Act, 1956 (Central Act 1 of 1956), who shall be appointed by the Board with the approval of the Government and who shall receive such remuneration as the Board may fix. (2) The auditor shall be supplied with a copy of the annual accounts of the Board and it shall be his duty to examine it together with the books and vouchers relating thereto and he shall have a list delivered to him of all books kept by the Board and shall at dl reasonable times have access to the books, accounts, vouchers and other documents ofthe Board. 125-10-53 834 Madras ~etro~olitan 1 ti978 i IN. AC~ 28 Water Supply and Sewerage 1 (3) The auditor may, in relation to such accounts, examine any past or present director, officer or other employee of the Board and shall be entitled to require from the Board or such director, officer or other employee such information and explanation as he may think necessary for the performance of his duties. I (4) The auditor shall make a i eport to the Board upon the annual accounts examined by him ~nd in every such report he shall state whether in his opinion the accounts cxhibit a true and fair viev; of the state of affairs ~f the Board and in case hc had called for any information or explanktion from the Board or any past or present director, officer or other employee of the Board whether it has been given and whether it is satisfactory. I (5) Without prejudice to anything contained in the prcceding sub-sections? the Government may at any tin;: appoint an audit01 to examine and report upon thr: accounts of the Board and, any expenditure incurred by such auditor in connection with such examination and report, shall be payable by the Board. Previous 40. (1) Except with the previous scnction of the sanction of Government, the Board shall not adopt or execute any scheme or plan in respect of water works or sewerag for certain plans works or carry out any works in connectLon therewith, and works. if the cost of such schemes, plans or other works exceeds or is likely to exceed- ! (a) one crorc of rupees in the case of replacements, reconstruction, structural alterations, adaptations, wnversions, improved fixtures, fittings and machinery and other works of improvement not involving extensions, enlargements or additions to existing works or works previously in use ; and ! (b) seventy-five lakhs of rupees in the case of new works including extensions, enlargements and additions to existing works or works previously in use. 1978 : T.N. Act 281 ~adrus MefropoPilan $35 Water Supply and Sewerage (2) Notwithstanding anything contained in subsection (1) the Board shall not except with the przvious sanction of the Government adopt or execute bny scheme or plan in respect of watcr works or sewerage works or carry out any work in connection therewith if the cost of such scheme, plan or other work is met or to be met with from the funds provided by the Government. 41. The Board may write off any amount or sum what- Power to write soever due or payable to it, if, in its opinion, such amount ~~~~~~s”verablor sum is irrecoverable: Provided that the Board shall, before writing off such an amount exceeding twenty-fiv,: thousand rupces, obtain the sanction of the Government. CHAPTER VI. WATER SUPPLY AND SEWBRAGE. Water supply. 42. (1) The Board shall provide or arrange for the provi- Water supply sionof a sufficient supply of drinking water for consump- system. tion by the inhabitants of the Madras Metropolitan Area. (2) The Board shall, as far as may be practicable, rilake adequate provision for securing that the water supplied for drinking purposes is at all times wholesome and fit for human consumption. (3) The Board may also provide or arrange for the provision of a sufficient supply of water for other domestic or non-domestic purposes except irrigation: Provided that the water supplied under this subsection may be different in quality to water supplied for drinking purposes. (4) The Board may regulate the hours, quantity and pressure of water supply. (5) No person shall use water supplied by the Board except as authorised by this Act or any regulation or other instrument made thereunder. 125-10-53A 836 I Madras Metropolitan [i978 : ~.h. Act % Water Supply and Sewerage (6) The Board shall furnish to the Government at suchtimeas theGovernment may determine reportson the quality of the water supplied by it or available in the Madras Metropolitan Area. supply of water 43. (1) The Board may supply water to theiGovernto public meat, the Madras Port Trust, the Municipal Corporation authorities and of Madras or any other public or local authoritj on such payment therefor. terms asto payment and astc the period and the conditions of supply as may be agreed upon. (2) The Board may, subject to the payment by an existing aut hority or othcr public authority of such charges as the Board may determine, pr0vid.e graturious supply of wholesome watrr to the publlc within the Madras Metropolitan Area, and may erect public hydrants, fire hydrants or other conveniences. I Paymeats for 44. (1) Ex~pt as otherwise provided in section 43, water supplied payment for water supply under this Act shall be made under the Act at such rates, which may be different,- ad no&liability of the Board. (1) for different areas, (2) for different types of Consumers, (3) for different purposes, as may be presoribed. I (2) The Board shall not bk liable to any penalty or damages for cutting offthe supply of water, or for not supplying water, in the case of llnusual drought, or other cause or acc~dent, replacements, extensions, or the necessity for relaying or repairing pipes. Water 45. (1) The authorised authority shall, on the appliconnections cation by the o wner or occupier of any building or premises, for domestic arrange to supply water thereto for domestic consumption Consumption and use. and use if- (a) such building or premists has an afillusl value of more than three hundred rupees as assessed under section 35 ; I (b) the building or prehises is within thirty metres of a main of the Board from which water can be supplied ; and 1978 : T,N, Act 281 Madras Metropolitan 837 Water Supply and Sewerage (c) the oost of all works necessary for that purpose shall be borne by the applicant : Provided that the authorised authority may arrange for supply evenif the building or premises is beyond thirty metres as aforesaid if the applicant agrees to bear all costs and expenses and if the supply is otherwise pract,icable. (2) Whenever it appears to the authorised authority that any building assessed to an annual value of not less than three hundred rupees is without a proper supply of water for domestic consumption and use and that such a supply can be furnished from a main not more than thirty metres distant from any part of su~h building, the authorised authority may by notice require the owner to obtain such supply and to execute all such works as may be necessary for that purpose at the cost of the owner. (3) It shall not be lawful for the owner of any dwelling house assessed at an annual value of not less than three hundred rupees, to occupy it or cause or permit it to be occupied until he has obtained a certificate from the authorised authority that there is provision within or within a reasonable distance of the house for supply of wholesome water for domestic consamption and use of the inmates of the house. (4) Where on any land there are two or more superstructures, the annual value of each of which is le~ than three hundred rupees and the owner of the land is not the owner of all the supeniructures,theauthorised a~thority may, if it appears to it that the superstructures are without a proper supply of water for domestic consumption and use and that a supply can be furnished from a main not more than thirty metres distant from any part of any such superstructure, by notice, require the owner of tho land to obtain such supply. 4 (5) In any other case, where any premises are without supply of water for domestic consumption and use, the authorised authority may arrange for such supply on the application of the owner and at the owner’s oosR or he may by written notice require the owner to obtain such supply from the Board’s main, and may for that purpose provide at the owner’s cost such pipes, hydrants, standpipes or posts and other fittings. ~al*ns Metropofitab [I978 : T.N. ~ct 28 Water Supply and Sewerage (6) The Board may, subject to such conditions as it may impose, supply water for any purpose other than ~rrigation or domestic consumption or use, on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be oonsumed. I Explanation.-For the purposes of this Chapter – (a) supply of water for domestic consumption and use shall bs deemed to include a supply – 1 (i) for flu9hing latrines or house-sewers ; (ii) for all baths other than swimming baths or public baths I I I (iii) fo~ the consumption and use of inmates of hotels, boarding houses and residential clubs and for baths used by such inmates ; or (iv) for the consumption or use of persons resorting to theatres and cinemas ; and I (b) supply of water for nonkomestic consumption and use shall be deemed to include a supply- (i) for any trade, manufacture or business ; (ii) forrgarden ; I (iii) for building purposes; (i~) for fountains, swimming baths, public baths or tanks or for any ornamental or inechanica1 purpose; (v) for animals, when they are kept for sale or hire; or for washing vehicles where they are kept for ;ale or hire. I Coatr 1 over 46. (1) All house-connections, wbet’her within or withhouse andothe* ht the p~emises to which they belong, with the Beard’s coancctions. water supply mains shall be under the control of the Board, but shall be altered, repaired and kept in proper order, at the expense of the owner ?f the premises to which they belong, or for the use of whlch they were constructed : Provided that the expenses of such alteration, repair or maintenance outside the premises shall be borne by the Board. 1978 : T.N. Act 281 Madras Metropolitan 839 I Water Supply and Sewerage (2) All connections to the mains of the Board for water supply to premises, street hydrants iacludlng fire hydrants and places of public resort and all pipes, taps and other fittings used for such supply shall be made, maintained and regulated in such manner and at such charges or fees for connection or reconnection as may be prescribed. 47. (1) For calculating the amount payable by ‘he Calculation of owner for consumpion of water supplied by the Board, charges for the Board may determine the quantity, consumed on water supdy* the basis of reading recorded by a meter installed in the premises. (2) Where so required by the Board, meters shall be installed by the owner of the premises concerned at his cost and for this purpose, the Board shall arrange to supply the meters : Provided that where meter has already been installed prior to the commencement of this Act, the Board may discontinue the recovery of rent or charge therefor, and recover the value of the meter from the owner. (3) The readings of the meter indicating the quantity of consumption of water shall be presumed to be correct unless the contrary is proved. (4) Wl-ere meters are not provided to any premises, or the meters have become faulty or are not in working condition, the charges until the meters can be provided or ~zntil the meters are repaired or set right for consumption or use of water shall be such as may be prescribed. (5) If the owner of any premises having independent and private source of water supply is allowed by the Board to take sewerage service, he shall be liable to pay for such service, such amount and on sv.ch basis as may be prescribed. 48. (1) No owner or occupier of any premises to which Prevention water is supplied by the Board shall negligently or other- wasrage of wise suffer such water to be wasted or shall suffer pipes, water. taps, works and fittings for the supply of water to remain out of replir so as to cmae wastage of water. (2) No person shall cause wastage of water provided by the Board by the misuse of public stand-posts or pipes, I drinking fountains or hydrants. 8 40 Madras Metropolitan 1 [I978 : T.N. Act 2s Water Supply and Sewerage (3) Whe7ever the auf horised authority has reason to believe that as a result of defects in pipes, taps, or fittings connected witli the water supply to any premises, water 1s being wasted, it may, by written notice, require the owner of the premises, within such period as mey be specified in th notice to repair end make good the defects. (4) If such repairs are not effccted within the time specified in the sliid notice, the authorised authority may cause such repairs to be mad. in order to stop wastage. The cost of such repairs shall be recovered from the owner of the premises as if it wele an arr at of tax, rate or charge piovided under this Bower to cu. Actoff water 49. (1) Notwithstending anything contained in this SUPPLY. Act, the authorised authority may cut off the connection between any wat,,r works of the Board and any plemises to which water is supplied from such works or may turn off such supply in any of the following cases, namely :- (a) if the premises are unoccupied ; (b) if after reo-ipt of written notice from the authorised authority requiring him to refrain from so doing, the owner or occupier of the premises continues to use water or to permit the same to be used in contravention of this Act or any other law or any regulation or other instrument made thereunder ; (c) if the owner or occupier refuses to admit any authorised authority into the premises for the purposes of making any inspection relating to water supply or sewerage service, or prevents such authority from ms king such inspection ; (d) if the owner or occupier of the premises fails to fix or prevents the fixing of ;? meter as required by or under the provisions of this Act, or wilfully or negligently injures or damages th: meter or otherwise interfe~es with any pipe or tap or main or other work conveying water from Pny works of the Board ; (e) if any pipes, taps, work5 or fittings connected with the supply of water to the premises be found on examination to be out of repair to such an extent as to cal .se such wastage of water that immediate prevention is necessary ; I I 19’78 : T.N. Act 281 Madras Metropolitan 841 W~ter Supply clnd Sewerage (f) if by reason of a leakage in the service pipe or fittings, damage is caused to a public street and immediate prevention is necessary ; (g) if there is any water-pipe situated within the prt-mises to which no tap or other efficient means of turning off the water is attached ; (h) if house sewers are maintained without conforming to the provisions of this Act, or such sewers are not constructed or maintained, when required under this Act ; (i) if the owner or occupier fails to pay within due time any money due to the Board under this Act, or any regulation or other instruments made thereunder ; (j) if there is any default in complying with any requisition made under this Act, or of any provision of this Act or any instrument made thereunder is contra. vened : Provided that, except in the case, where by reason of any of the circumstances referred to in clauses (d) to (g), there is risk of contamination of water, the authorised authority shall not cut off such connection or turn off such supply unless notice of not less than twenty-four hours has been given to the owner or the occupier of the premises, as the cabe may be. (2) No action taken under or in pursuance of this section shall relieve any person from any penalties or liabilities which he may otherwise have incurred. (3) The expense of cutting offthe connection or turning off the water supply and of restoring the same determined by the authorised authority in any case referred to in sub-section (1) shall be paid by the owner or occupier of the premises : Provided that no charge for such expense shall be made in the case mentioned in clauee (a) of the said subsection. (4) In cases where water supply has been cut off pursuant to clause (i) of sub-section (I), the authorised authority shall restore the water supply as before as soon as all money due, together with the expenses referred to in sub-section (3), have been paid by the owner or occupier. 842 I Madras Metropolitan [I978 : T.N. Act 28 Water Supply and Sewerage (5) Where the authorised authority has cut off or has issued any notice to cut off water supply to any premises snnder this section no court or other authority shall issue any order or direction in the nature of injunction, stay or otherwise except after giving a reasonable opportunity Lo the Board of being heard. Control over 50. (1) No person shall construct, rcconstruct, drill, WOuss etc. repair or alter any well, pond, tank, cistern intended for drinking purposes without t he permission of the authorised authority and the maintenance thereof shall be replated in such manner as the Board may determine, includtng the dimensions of the well, pond or tank or a cistern, the manner of enclosing it, and the means which shall be used to prevent pollution oft he water. (2) Without prejudice to the provisions of sub-section (I), the provisions of sections 234,235,236,242,243, 244 and 245 of the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) shall, so far as may be, apply to wells in the Madras Metropolitan Area : Provided that references in those sections to the Commissioner shall be conetrued as references to the authorised authority. Over: 51. (1) Save as otherwise provided in section 50, the UItr etc., of underground Board may in the public interest and with the previous water in certain sanction of the Government, regulate, control and charge cases. for existing or future extraction, conservation and use of underground water in any form for purposes other than irrigation, in the Madras Metropolitan Area. (2) Any person desiring to sink a well or a tube well or to continue exi~til-rg use of unde~ground water in the Madras Metropolitan Area for any purpose other than irrigation shall apply to the Board for the grant of a licence for the purpose and shall not proceed with any activity connected with such sinking or continue such existing use unless a licence has been granted by the Board. (3) Evely application under sub-section (2) shall be made in such form and in such manner and shall contain such particulars as may be prescribed. (4) On receipt of an application under sub-section (1) if the Board ir) satisfied that it shall be in the public interest so to do, it may grant, subject to the payment of such fees as may be prescribed and subject to such conditions and :strictions as may be specified, a licence authorising the rbsrracfisn and use of the ground water ; 1978 : T.N. Act 281 Madras Metropolitan 843 Water Supply and Sewerage Provided that no person shall be refused a licence unless he has been given an opportunity of being heard. (5) In granting or refusing a licence under sub-section (2), the Board shall have regard to- (a) the purpose or pulpoees for which ground water is to be used ; (b) the existence of other competitive users ; (c) the availability of ground water : (d) the effect on other sources of water supply; (e) the compatibility with existing water supply system ; Cf) availability of factors controlling or preventing pobtion. (6) The licence shall be in such form as may be prescribed. 52. (1) The authorised authority may by notice Power to require the owner or person having control over, any order private water-course, spring, tank, well or other place the EEzi water of which is used for drinking purposes to keep tary private the same in good repair, to cleanse it in such manner as waterthe authorised authority may direct and to protect it from comse, pollution caused by surface drainage or other matter in :~~~vcn, such manner as may be provided in the notice. etc..used for (2) If the water of any private tank, well, or other place drinking. which is used for drinking is proved to the satisfaction of the aul horised authority to be unfit for that purpose, the authorised authority may by notice require the owner or person having control thereof to- (a) refrain from wing or permitting the use of such water for drinking, or (b) close or fill up such place or enclose it with substantial wall or fence. (3) In default of compliance with a notice under subsection (1) or sub-section (2), the authorised authority shall carry out the work or any other thing to bc done thereunder and lecover the cost from the owner or the uerson having control and the amount thereto shall be iecoverable as if it were an arlear of tax, under this Act. – I844 ikadras Metropolitan 11978 : T.N. Act 28 Water Supply and Sewerage I Prohibition of 53. (1) Without the perrr;fssion of the authorised building over authority, no building, wall or other structures shall be water mains. newly erected and no street shall be constructed over any Board’s water main. (2) If any building, wall or other structure be so erected or any street be so constructed the authorised authority may, with the approval of the Board, cause the same to be removed or otherwise dealt with as it shall appear fit and the expenses thereby incurted shall be paid by the person contravening the provibions of subsection (1). (3) Nothing in this seetion shall apply t~ the Central Government. p,,,tion ,f 54. It shall not be lawful for any person to,- pollution, etc. (a) bathe in any tank, reservoir, conduit, fountain, well or other place Set apart by the Board, or by the owner thereof, for d~inking purpokes ; (b) wahh or cause any animal or thing to be washed in any such place ; (c) throw, put or cause to enter into the water in any such place, any animal, or thing where by the water may be fouled or polluted ; (d) cause or allow to drain into or upon any such place, or cause or suffer anything to be brought there into or do anything whereby the water may be fouled or polluted; or (e) do, or cause to be done, anything which fails to comply with such requirement as may be prescribed for the purpo5e of preventing any pollution in the vicinity ofany source of water supply used for purposes of drinking, bathing or washing clothes. Sewerage. I Sewerage 55. (1) As far as practicable, the Board shall construct system. and maintain sewers and provide a safe and sufficient system of sewers in or for the Madras Metropolitan Area, for the purpose of effectual discharge of sewerage of the said Area. (2) The power of the Board under sub-section (1) shall include the power to- (a) enlarge, arch-over or otherwise improve any of its sewers ; or i 1978 : T.N. Act %I] Madras ~etropoiitan $43 Water Supply and Sewerage (b) discontinue, close or destroy any of its sewers which has in its opinion become useless or unnecessary; or (c) construct any new sewer in the place of an existing sewer in any land wherein any of its sewers has already been lawfully constructed or repair or alter any sewer so constructed. 56. (1) The authorised authority shall, on the appli- Sewer cation of the owner or occupier of any premises or the con”ctionso owner of a private street, arrange for thti applicant’s house-sewer or other sewer in the privatz street to empty into a sewer of the Board if- (a) the premises or the property in which the private street is sltuated is asscssed to an annual value of not less than three hundred rupees as assessed under section 35; (b) there is a sewer of the Board within thirty metres of the nearest point from such premises or property ; (c) the owner or occupier agrees to bear all cost and expenses of the work and materials necessary for that purpose ; and (d) the owner or occupier complies with such conditions and requirements as may be prescribed. (2) If there is a public sewer or other place set apart by the Board for the discharge of the sewage within a distance not exceeding thirty metres of the nearest point on any premises, or if within such distance, a Board’s sewer or other place for the discharge of sewage is about to be provided or is in the process of construction, the authorised authority may- (a) by notice direct the owner of the said premises to construct a sewer leading therefrom to such sewer or place and to execute all such works as may be necessary at such owner’s expense, or (b) cause to be constructed a sewer leading from the said premises to such Board’s sewer or place and cause to be executed all such works as may be necessary : Provided that- (i) not less than fifteen days before constructing any sewer or executing any work under clause (b), the authorised authority shall give notice to the owner of the nature of the intended work and the estimated expenses recoverable from the owner ; and 846 Madras Metropotitan ti978 : T.N. Act 28 Water Supply and Sewerage (ii) the expenses incurred by the authorised authority in constructing any sewer or executing any work under clause (b) shall be recoverable from the owner in such instalments as the Board may deem fit and recoverable in the same manner as tax under this Act. (3) If any premises is in the opinion of the authorised authority without sufficient means of effectual sewerage, but no part thereof is situated within thirty metres of a Boards’s sewer or other place set apart by the Board for the discharge of sewage, the authorised authority may, by notice, direct the owner of the said premises to construct a closed cess-pool (or other sewage disposal plant) of such material, dimensions and description in such position and at such level as the authorised authority thinks necessary and to construct a sewer or sewers emptying into such cess-pool and to execute all such works as may be necessary. (4) It shall not be lawful for the owner of any building to occupy it or cause or permit it to be occupied until he has obtained a certificate from the authorised authority that the said building is provided with such means of sewerage as appear to the authorised authority to be sufficient. I to pmvide 57. (1) When the authorised authority 1s of opinion that sewers in corn. any group or block of premises any part of which is bination. situated within thirty metres of a Board’s sewer already existing (or about to be provided or in the process of construction), may be provided with sewer more economically or advantageously in combination than separately, the authorised authority may, with the approval of the Board cause such group or block of premises to be so provided by such method as appears to the authorised authority to be best suited therefor and the expenses incurred by the authorised authority inso doing shall be paid bythe owners in such proportions as the Board may deem fit and shall be recoverable in the same manner as tax, under this Act. 1 (2) Not less than fifteen days before any work under this section is commenced, the authorised authority shall give written notice to the owners, of- (a) the nature of the intended work ; (b) the estimated expenses thereof; and if)78 : T.N. Act 281 ~atfras Metropolitan 847 Water Supply and Sewerage (c) the proportion of such expenses payable by each owner. (3) The owners for the time being of the several premises constituting a group or block provided with sewersunder sub-section (1) shall be the joint owners of every sewer constructed, erected or fixed, or continued for the special use and benefit only of such premises and shall, in the proportion in which it is determined that they are t o contribute to the expenses incurred by t he aut horised authority under sub-section (1) be responsible for the expense of maintaining every such sewer in good repair I and efficient condition. 58. (1) Where a sewer connecting any premises with a P~wer to Board’s sewer or other place set apart by the Board for :s t:O the discharge of sewage is sufficient and is otherwise ,,, ,,f unobjectionable, but is not, in the opinion ofthe authorised existing authority adopted to the general sewerage system of the private araa,or of the part ofthe area in which such sewer is situated, Sewersthe authorised authority with the approval of the Board may- (a) subject to the provisions of sub-section (2) close, discontinue or destroy the said sewer and do any work necessary for that purpose; or (b) direct that such sewer shall, be used for sewage only,or for water unpolluted with sewage only, and may construct at the cost of the Board an entirely distinct drain either for water unpolluted with sewage or for sewage. (2) No sewer may be closed, discontinued or destroyed by the authorised authority under clauses (a) and (b) of sub-section (1) except on condition of his providing another sewer as effectual for the premises and communicating with a Board’s sewer or other place aforesaid and the expense of the construction of any sewer so provided by the authorised authority and of any work done shall be paid by the Board. 59. (1) All house-sewers whdher within or without the Control over premises to which they belong, and all septic tanks, cess- housepools within the Madras Metropolitan Area shall be under “p”lZ2 the control of the Board, but shall be altered, repaired ,d ,,,,, and kept in proper order, at the expense of the owner of pools. the premises to which the same belong or for the use of which they were constructed. 848 ~adras Metropolitan ti978 : T.N. Act $4 Watef Supply and Sewerage I (2) Where the owner or occupier has failed lo pay any tax, rate or charge for sewerage or to pay any sums due under sub-section (5) of section 47, or under section 56 or 57, the authorised authority may, after giving written n~tice of fifteen days to such owner or occupier, disconnect any sewer so as not to permit such sewer to empty into the Board’s sewer. Closure, remm Val, CtC., of work, in certain cases. 60. (1) If any house-sewer, ventilation shaft or pipe, cess-pool, house-gully, privy, urinal or bathing or washing place in any premises is found on examination and inspection by the authorised authority to be not in good order or condition, or constructed in contravention .of any of the provisions of this Act or any regulation or instrunlent made thereunder, the authorised authority may by written notice requlre the owner of the premises- (a) to close or remove the same or any encroachment there~.pon; or (b) to renew, repair, cover, recover, trap, ventilate, pave and pitch, flush or cleanse or take such other action as it may think necessary in this regard. (2) In any such case, the authorised authority may, forthwith and without notice,- (a) close or demolish any house-sewer by which sewage, offensive matter or polluted water is carried through, from, into, or upon any premises in contravention of any of the provisions of this Act or any regulation or instrument made thereunder ; or (b) clear, cleanse, or open out any house-sewer which is choked, blocked or in any way obstructed, I and all expenses incurred in so doing shall be paid by the owner or the occupier of the premises. ;ewers, 38.. 61. (1) Sewers, septic tanks, cess-pools, privies and t dorm urinals and all appurtenances thereof shall be constructed, regu1a- maintained, repaired, altered and regulated in accordance 113ilS. with such requiremcn’s as to sewerage as may be prescribed. (2) No owner or occupier shall allow the water of any sink, drain or latrine or drainage from any stable, or place, or any other filth to run down on, or to or be put upon, any street, or into any sewer in or along side of any street except in such a manner as shall prevent any avoidable nuisance from any such filth soaking into the walls or ground at the side of the said sewer. I 1978 ; T.N. Act 281 Madras Metropolitan 849 Water Supply and Seweruge i General, 62. (1) When under the provisions of this Act, the $bligati~nm owner of any premises may be required to carry out any ,,d ompier. wolk, the occupier of the said premises may be required, instead, to carry out such work and the occupier shall be bound to comply with the requirement : Provided that except in the case of a special agreement to the contrary, such occupier may deduct the amount of the expenses reasonably incurred or paid by him in carrying out such work from the rent or any other amount payable ‘ by him to the owner or may recover the same from the owner by moving the court of competent jurisdiction. (2) The owner and occupier of the premises shall be jointly and severally liable for payment of a11 the sums referred to in sections 44, 45, 46, 47, 48, 49, 56 and 57. 63. The Board or the authorised authority may carry ~~~~d’s any pipe, main, sewer or channel of any kind to establish power to or maintain any system of water supply or sewerage, carry pipes. through, across, under, over or up the side of any land or gTf;”d zLbuilding, and may place and maintain contrivances to tain works. support pipes, mains, sewers and channels, and may do all acts necessary or expedient for repairing or maintaining any such pipe, main, sewer or channel or contrivances in an effective manner for the purpose for which it is I intended to be used or for removing the same : Provided that such work shall be done so as to cause the least practicable nuisance or inconvenience to any person : Provided further that the Board shall pay compensation to any person who sustains damage by the exercise of such power. 64. (I) The Board may, in the execution and for the Work beyond purposes of any works beyond the limits of the Madras $ztfo$g; Metropolitan Area, exercise all the power which it mayka, exercise within that area throughout the line of territory through which conduits, channels, pipes, work: and the like run or are spuated, and over any lake, reservoil or other soulce from which a supply of water for the use of that area is derived, and over dl lands at a distance not 125-1&54 8 58 Madras Metropolitan 11978 : T.N. Act 28 Water Supply and Sewerage I exceeding one kilometre beyond the high water level of any such lake or reservoir, and over any lands used for sewage farms, sewage disposal tanks, filters and ofhtr works connected with the sewerage of that area. Vesting of 65. All things or materials in, or caused to be carried materials in pipes, sewers, into or by, the Board’s mains, pipes, or sewers, as lhe case eoc., and may be, shall be the property of the Board and it shall be Board’s power lawful for the Board to treat or reclaim such things or to dispose of materials and to put to use or dispose off, the same, as so same. treated or reclaimed or otherwise, in such manner as it may deem fit. Power to carry 66. (1) It shall be lawful for the Boardout works, re- move encroach- (i) to carry out any work required to be carried ments, sell un- out under this Act or any regulation or other instrument claimed made thereunder, which the owner or occupier or other etc. pewon responsible therefor has failed to carry out and recover the cost and expenses therefor from the owner or occupier ; (ii) to remove any material, construction, obstruction or encroachment which is deposited or made in contravention of any provision of this Act or any regulation or other instrument made thereunder ; (iii) to clear materials, trees, shrubs, plants and other things which have been taken down or cut pursuant to any provision of thls Act or any regulation or other instrument made thereunder ; (iv) to treat any unauthorised encroachment on Board’s land as encroachment on Government land and have, s~tch encroachment removed, and any ptrson causing the encroachment evicted under the Tamil Nadu Land Encroachments Acl , 1905 (Tamil Nadu Act 111 of 1905) and the provisions of the said Act shall apply to encroachment in Board’s land as they apply 1 o encroachment in Government iand . (2) The authorised authority may sell any material or other thing removed, taken down or cut as aforesaid, and after first applying the proceeds in or towards payment of the expenses incurred, pay the surplus. accruing frorn such sale to the owner or other person entitled thereto on demand made within twelve months from the date of sale, provided that, if nn such demand is made, such surplui shall be forfeited to the Board. I 1978 : T.N. Act 281 Madras Metropolitan 851 Water Supply and Sewerage 67. (1) For the purposes referred to in sub-section Power to entor (2), it shall be lawful for the authorised authority with upon land, do. or without assistants and workmen,- and to . PIand malntiurn mains, etc. (a) to enter into or upon any land or building, or to take level of a~y land or to obtain access to or to execute rzny work ; (b) to eater any land for depositing thereon any ;,oil, gravel stone or other materials connected with any work authorised by or under this Act ; (c) to enter upon any immovable property and to place and maintain mains, pipes, sewers and other installations upon, along, across or under any such property ; (d) to enter into any place and to open or cause to be opened any door, gate or other barrier if such opening is considered necessary by the authorised authority, or if the consent of the owner or occupier is refused or if the owper or occupier is absent ; (e) to dig or bore into the sub-soil ; Cf) to take levels and make boundaries, by placing marks and cutting trenches ; (g) to cut down and clear away any part of any standing crop, fence or plant ; and (h) to issue orders for temporarily closing to traffic any street in order to carry out any repair or work connected with water supply or sewerage. (2) The purposes relevant for any action under sub* section (1) are- (a) carrying out any survey or inspection urder the provisions of this Act ; (b) examining, repairing, altering or temovirg maln pipes, sewers and other i.lstallat~ons ; (c) constructing or executing any work au thorisrd by or under this Act ; 125-10 -54~ 8 52 Madras Metropolitan [I978 : T.N. Act 28 Water Supply and Sewerage I (d) ascertaining whether there has been any contravention of any provisions of this Act or any regulations or instrument made thereunder ; (e) making any inquiry, inspection, examination, measurement valuation or survey authorised or required by or under this Act, or necessary for the proper administration of this Act ; or , I (f) generally for discharging efficiently the functions entrusted to the Board under this Act. (3) The Board shall not acquire any title to, or any right other than user, to the land, building or immovable property (other than property belonging to the Board) in respect of which any action has been taken under this . section, and before commencing any action under this section, the authorised authority shall, except in the case of an emergency, give not less than twenty-four hours notice in writing of its intention to do so to the owner or occupier : I Provided that the authorised authority, shall, except in the case of an emergency, obtain the prior permission of the authority concerned where the land, building, or immovable property is owned by and is in the possession of such authority. (4) While exercising any power conferred under this section the authorised authority shall cause as little damage as possible to any property and the Board shall pay compensation to all persons interested in any such property for any damage sustained by them in consequence of the exercise of such power. I Works to be 68. (1) Except as otherwise perm’itted by the Board, done by licensed no person other than a licensed plumber shall execute any plumber. work under this Act and no person shall permit any such work to be executed except by a licensed plumber. (2) The Board shall prescribe the manner, the principles and procedure for licensing of plumbers, the charges to be levied for any work done by them, the guidelines to be followed by them, the cancellation of licences and for all matters connected with plumbing. 1978 : T.N. Act 281 Madras Metmpoiita~ – 1 Water Supply and Sewerage 853 69. No person shall- Prohibition (a) obstruct any person including any contractor, Of certain contractor’s workman and any agent of the Board, in the a”S. discharge of the duties imposed by or under this Act ; (b) obstruct, impede, impair or tamper or interfere or cause any damage or injury to or with any water-works or sewerage works or any meter, apparatus or appliance, including the flow of any water or sewage ; (c) take or utilise any water except as authorised bY or urder this Act ; (d) occupy or cause or permit to be occupied, any dwelling house or premises not provided with or having no access to adequate supply of wholesome water ; (e) occupy, or cause or permit to be occupied, any building or premises not having sufficient means of sewerage ; (f) discharge any sewage except as authorised by or under this Act ; (g) pull up or remove any pillar, post or stake or mark placed under the authority of the Board ; (h) tresspass or enter on land vested in the Board along which a conduit, main or pipe runs, and on any premises connected with water supply and sewerage except with the permission of the authorised authority ; (i) erect or place any fence or building or other structure over any pipes or mains belonging to the Board or under, in or across any sewer belonging to the Board. . CHAPTER vn. TIUBUNAL, APPEALS AND REVISION, 70. (1) The Government may constitute a Tribunal for Constit~ltion of the purposes of this Act. Tribunal. (2) The Tribunal shall consist of one petson who shall be a judicial officer not below the rank of Subordinate Judge. (3) The Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908). (4) The Tribunal may, with the previous sanction of the Government, appoint such officers and servants as it considers necessary for carrying on its business and the 854 Madras Metropolitan Water [1978 : T.N. Act 28 Supply and Sewerage remuneration and other conditions of service of such officers and servants shall be determined by the Government. 1 (5) The Tribunal shall have the power to regulate its own procedure in respect of the making, hearing and conducting the appeals referred to in sub-section (1) of section 71. Appeals 71. (1) Any person aggrieved by a y decision or determinationd (i) fixing the rate of water tax or sewerage tax or demanding the payment bf such tax under the provisions of this Act ; or (ii) fixing the annual value of premises under section %,or (iii) refusing a licence under section 51, may, within thirty days from the date of communication of suchdecision, determination, levy or notice prefer an appeal to the Tribunal. (2) In disposing of an appeal, the Tribunal may, aff er givingthe appellant an opportunity of making his represen tations, confirm or reduce or annul the rates of tax orconfirm or reduce or enhance the annual value, or confirm the refusal or direct the grant of a licence, or pass such other orders, including consequential orders, as it may deem fit. , When appeals 72, (1) No appeal against the levy or demand of water can be heard tax or sewerage tax shall be heard by the Tribunal unless and finality of rates, etc. the water tax or sewerage tax as fixed or demanded and due by the applicant has been paid to the Board. (2) Unless and until altered on appeal, the water tax and sewerage tax shall be as determined by the Board and the annual valuation shall be as assessed under section 35. (3) The annual value fixed under section 35 against which no appeal has been made under this Act, and the amount of every sum claimed from any person under this Act on account of any tax against which no appeal has been preferred under this Act, and the decision of the Tribunal upon any appeal under this Act, shall be final and shall not be called in question in any court of law. 1978 : T.N.Act 281 Madras Metropolitan Water Supply 8 55 and Sewerage \ 73. The Board may call for therecords of any proceedings Revision. of, or other action taken by, the authorised authority, for the purpose of satisfying itself as to the legality or propriety of any order or proceeding or other action and may pass such orders as it may deem fit. CHAPTER VIII. MISCELLANEOUS. 74. Any sum due to the Board on account of any tax, Board’s dues rate, charge, cost, expenses, fee, rent or on any other ::Zered account under this Act or any regulation or other instru- .,,, ment made thereunder may, without prejudice to any of land other mode of recovery, be recovered from any person revenue. from whom such sum is due,- (a) as if it were an arrear of land revenue ; or (b) on application to any Judicial Magistrate of the first class or Metropolitan Magistrate, by such Magistrate as if it were a fine imposed by him. 75. (1) All public and local authorities or institutions Duties of shall render such help and assistance and furnish such authorities, information to the Board as the Board may require for~~;;~~he carrying out its purposes and shall make available to the Board. Board for inspection and examination such records, maps, plans, assessment rolls and other documents as may be necessary for the discharge of its functions and on payment of such fees as may be fixed by the Government. (2) It shall be the duty of all police officers and employees of the Board to give immediate information to the authorised authority about the commission of, or the attempt to commit, any contravention of this Act or any regulation or other instrument made thereunder and to assist the authorised authority in the exercise of its lawful authority. 76. (1) All directors, officers and employees oft he Board Directors, shall be deemed, when acting or purporting to act in pursu- etc.9 to be ance of the provisions of this Act or any regulations or iz;2 instrument made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860). (2) The words ” State Government” and “Government ” in section 161 of the Indian Penal Code (Central Act XLV of 1860) shall for the purposes of sub-sc~%ion (1) be deemed to include the Board. 8 56 Madras Metropolitan 11978 : T.N. Act 2s Water Supply and Sewerage Offences 77. Whoever contravenes any of the provisions of this Act or of any regulation or other instrument made thereunder shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both and in addition, in the case of a continuing contravention, with additional he which may extend to fifty rupees for every day during which such contravention continues after conviction for the &st such contravention. I Offma by 78. (1) Where an offence against ady of the provisions wpanies- of this Act or any rule made thereunder has been committed by a company, every person who, at the time of the offence was committed, was in charge of, and was responsibleto, the company for the conduct ofthe 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 : , I Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of su ch offence. I I (2) Notwithstanding anything contained in sub-section (I), where any such offence 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 cjn the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer, shall be deemed to be guilty of that offence and shall be liable to be prcceeded against and punished accordingly. Explanation.-For the purposes of this section,- (a) cccompany” means any body corporate and includes a firm, society or other association of individuals; and (b) (‘direotor” in relation to- 1 (i) a firm, means a partner in the firm; I (ii) a society or other association of individuals, means the person who is entrusted under the rules of the society or other association, with the managemeut of the affairs ofthe society or other associat~on, as the case may be. 1978 : T.N. Act ~adras hfetropolitan 859 Water Supply and Sewerage 79. If any difficulty arises in giving effect to the provisions pow t, of this Act, the Government may, by notification, mc L k e remove such provision not inconsistent with the provisions of this difficulties. Act as may appear to them to be necessary or expedient for removing the difficulty : Provided that no such notification shall be issued after the expiry of one year from the date of establishment of I he Board under section 3. 80. The Government may make rules to carry out the Power to purposes of this Act. make rules. 81. (1) The Board may make regulations not inconsis- Power to tent with this Act for carrying out the purposes of this Act. makeremlations. (2) In particular and without prejudice to the generality of foregoing power, such regulations may provide for all or any of the following matters, namely :- (a) the time and place of the meeting of the Board or of any committee and the procedure to be followed at such meetings including the quorum necessary for the transaction of business; (b) the functions and duties of the committees and whole-time directors and the delegation of powers to committees, directors, officers and other employees of the Board ; (c) the method of recruitment, the qualificaiions, the pay, the duties and other terms and conditions of service of officers and employees, and the constitution and management of provident fund and other superanfiuation funds ; (d) the provision of an official seal of the Board and the manner and effect of its use ; (e) the manner and form in which contracts binding on the Board may be executed ; (f) the relations of the Board with the local and public authorities ; (g) the date by which , the form and the manner in which the Board’s budgets, balance sheet and income and expenditure account and other accounts shall be prepared and the information to be contained in such b~dgets and accounts ; I 858 Icladrras Metropolitan [i97& : T.N. Act 28 Water SuppW and Sewerage (h) the conditions subject to which the Board may borrow moneys, grant loans or advances, or invest its funds whicharenot for the time being required for the transnction of its business ; (i) provision of such funds and reserve as may be required ; (j) the manner of and the basis on which taxes shall be levied, the manner of and determining consumption of water, the charges therefor, the rent or other amount of charge for meters, and the time, place and manner of’ payment of taxes, rates, charges and surcharges, fees, rents and other amounts ; (k) making, maintaining and regulating connections for the supply of water and fees for connection and reconnection ; (I) the terms and amount payable for connection of houses sewers, for construction, maintenance, and repairs and alteration of sewers or joint or common connections of sewers, and the basis of levying the charge for providing for sewerage service without water-supply; (m) matters to be complied with in relation to the sanction of building plans or other plans or schemes containing provision for water-supply or sewerage ; (n) the conditions and requirements for extraction and use of underground water, regulation and control of wells, including tube wells, and the principles or criteria md the procedure, for grant of permit to sink a well or tube well ; I (0) the manner of treatment of trade effluents and to regulate the discharge thereof ; (p) generally the efficient conduct of the affairs of the Board : Provided that in making regulations regarding any of the matters specified in c1a;uses (f), (h), (j), (k), (1) and (n) the previous sanction of the Government shall be obtained. Application 82. The provisions of sections 52, 53, 54 and sub-section (1) of section 57 and sections 59, 60, 62, 63, 64, 66 and provisions ,,f Tamil 67 of the Tamil Nadu Water Supply and Drainage Board ~adu ~ct Act, 1970 (Tamil Nadu Act 4 of 1971),shall as far as may be, 4 of 1971. 1978 : T.N. Act 281 ~adras Metropofitan Water 859 Supply and Sewerage apply to or in relation to the Board, its functions, affairs and activities, as they apply to or in relation to the Tamil Nadu Water Supply and Drainage Board, its functions, affairs and activities. 83. (1) The Board shall be deemed to be a local autho- Application rity or urban local authority for purposes of sections 17 of certain to 21, 24, $7 to 30 of the Tamil Nadu Public Health Act, :?;’$ 1939 (Tamil Nadu Act I11 of 1939) : Nadu Act 111 of 1939. Provided that any power that may be exercised by the Government, the Collector or any other officer under those sections in relation to anything to be done by or affecting the Board shall be exercised only by such officer as may be specially designated in that behalf by the Government. (2) The Municipal Corporation of Madras or any other existing authority being a municipal council or a township committee or a panchayat union council or a panchayat in the Madras Metropolitan Area shall not with effect from the relevant notified date, be regarded as a local authority or an urban local authority for purposes of carrying out any function or obligation imposed or any power conferred under Chapters 111 and IV of the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act I11 of 1939). (3) With effect from the notified date in relation to the Municipal Corporation of Madras, the words ” water and ” where they occur for the first time in sub-section (5) of section 25 of the Tamil Nadu Public Health Act, 1939 I (Tamil Nadu Act I11 of 1939) shall be omitted. 84. (1) Save as otherwise provided in this Act or in ~ffoct of other any notification issued by the Government under section laws. 85, no existing authority shall, notwithstanding any law governing its constitution or establishment, have any function or power in respect of water-supply and sewerage service in or for the Madras Metropolitan Area or any matter relating to which such function or power has been entrusted to the Board under this Act. (2) Without prejudice to the generality of the foregoing provision, any existing authority being the Madras Municipal Corporation or a municipal council, township committee, panchayat union council or panchayat constituted or established under the Madras City Municipal I I 860 ~adras Metropo~itan Water Supply 11978: T.H. Aet and Sewerage I Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958) shall cease to have jurisdiction in respect of water supply or sewerage services in or for the Madras Metropolitan Area with effect from the notified date and shall not- (a) have any right, title o I claia to any water works or sewerage works intended or maintained exclusively for the purpose of the Madras Metropolitan Area ; (b) have any power, function or responsibility for providing water-supply or sewerage service for that area or undertake or require any construction or other work in connection therewith except as otherwise provided in this Act ; (c) sanction any scheme, plan or works of improvement or development including building regulations or provisions regulating or contrplling factories, dairies, slums, cheris, hutting grounds or markets for water-supply or sewerage in the said area ; I (d) regulate or control thi use, construction, reconstruction, repair and closure of wells, ponds and tanks, except in so far as such regulation or control relates to the avoidance of injury or danger to the public, to nuisance or insanitary conditions or to the protection of public health ; (e) have any power or duty in respect of offences and penalties therefor in so far as they relate to any matter connected with water-supply and sewerage ; (f) have any power to levy or collect any water-tax except as otherwise provided in this Act ; (g) have any power or function in respect of the framing of any rule, regulation or by-law regarding any of the matters referred to in this section. (3) The provisions of this Act or any regulation or other instrument made thereunder shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or any contract, custom or usage. 1978 : T.N. Act 281 Madras Metropolitan Water 861 Supply and Sewerage $5. (1) (a) On and from the date appointed under sub- Amendment8 section (1) of section 26, the enactments specified in parts to Other I to I11 of the Schedule shall be amended in the manner ~~~~~~~directed therein in respect of an area which forms part of or the whole area over which the Madras City Municipal Corporation, a municipal council, a town panchayat or village panchayat, or a township committee constituted under any law for the time being in force, as the case may be, has jurisdiction and the provisions of the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958), as the case may be, shall continue to apply to such area subject to the modifications specified in Part I, I1 or 111 of the Schedule, as the case may be. (b) The enactments specified in Parts IV to VII of the Schedule shall be amended in the manner directed therein with effect from such date as the Government may, by notification, appoint in this behalf. (2) Notwithstanding the amendments specified in the Schedule to this Act and any other provision of this Act, an existing authority shall continue to have all the powers it had before the notified date applicable to it, for the purpose of recovering from any person any arrears of water tax or other rate relating to water-supply whether such tax or rate is payable as part of property tax or otherwise, or any other dues pertaining to water-supply or sewerage payable by such person in respect of anything done relating to the period prior to such notified date. (3) The existing authority concerned shall be responsible for recovering the arrears and other dues referred to in sub-section (2) as expeditiously as practicable and shall pay over the amounts so recovered to the Board after deducting therefrom such collection charges as may be mutually agreed between the Board and the existing authority. 86. When any notice, bill or other document is required Service how to by or under this Act or regulation made thereunder to be effected. be served upon, or presented to any person, such service, or presentation shall be effected- (a) by giving or tendering the said document to such person ; or 862 Madras Metropolitan [I978 : T.N. Act 2% Water SupplY and Sewerage (b) if such person is not found, by leaving such document at his last known place of abode, or by giving or tendering the same to some adult member or servant of his family ; or I (c) if his address elsewhere is known, by forwarding such document to him by registered post under a cover bearing the said address ; or I (d) if none of the means aforebaid is available by causing a copy of such document to be affixed on some conspicuous part of the land or building, if any, to which the document relates. I Of 87. If on any date after the co mencement of this Act on extension of Madras Met- Act the Madras Metropolitan Area as at such commenceropolitan Area. ment is extended by the addition of territories, the provi- sions of sections 25 to 30 shall with effect from such date, apply mutatis mutandis in the territories so added and in r;spect of all matters covered by those sections and the other provisions of this Act shall apply accordingly. ~d~~ and 88. (1) (a) All rules made unde this Act shall be notifications published in the Tamil Nadu Government Gazette and to be placed unless they are expressed to come into force on a particular before the day shall come into force on the day on which they are Legislature. so published. I (b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published. (2) Every rule or notification made or issued under this Act shall as soon as possible after it is made or issued, I 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 such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification 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 prejud~ce to the validity of anything previously done under that rule or notification. I 1978 : T.N. Act 281 Madras Metropolitan 863 Warer Supply and Sewerage THE SCHEDULE. (See section 85.) PART I. In the Madras City Municipal Corporation Act, 1919 (Tamil Madu Act IV of 1919),- (I) sections 163 to 173, 177 to 181,262, 268 and 350 shall be omitted; (2) in section 3, after clause (lo), the following clause shall be inserted, namely:- cc(lO-A) ‘drain’ means a rain or storm water drain and water tables, chutes and the side drain exclusively meant to drain away the rain water falling on the surface of any street, bridge or causeway, but does not include a drain or sewer within the meaning of the Madras Metropolitan W~rer Supply and Sewerage Act, 1978.”; (3) in section 16, the word, figures and brackets “169 (2), 178 (2) and (3, 179, 180″ shall be omitted; (4) in section 99, in sub-section (I),- (i) in clause (b), the words <‘water and” in two where they occur shall be omitted ; (ii) in the pi-oviso, the words “water and”, and the words “water-works and the remainder shall bc deemed to bc levied in respect of” shall be omitted; (5) in section 102,- (i) in clause (a), in the proviso, the words “the water and9’and the words c6water-supply and” shall be omitted ; (ii) in clause (b), in the proviso, in sub-clause (i), the words “water and” shall be omitted; (6) in section 190, the word “or” shall be omitted; (7) in section 19 1, the words 640r with the house-connection of any other person” shall be omitted; (8) in seciion 193, in sub-section (21, the words “ad over any lake or reservoir from which a supply of water for use of the City is derived, 2nd over all lands at a distance not exceeding or-e mile beyond the high natcr level of any such lake or reservoir”, and the Words 6’sewage farms, sewage disposal tanks, filtcrs and other” shall be omitted; 864 Madras Metropolitan [I978 :T.N. Act 28 Water Supply and Sewerage I (9) in section 203, in sub-section (I), the word “sewers”, and in sub-section (2) thereof, the word cCsewer” shall be omitted; (10) in section 213, “water supply” shall be omitted; (11) in section 216, insub-section (I), in clause (c), the word “sewering” shall be omitted; I (12) in section 218, in sub-section (I), the word “seweredY’ shall bs omitted ; I (13) in section 230, in sub-section (3),- 1 (i) in clause (i), the word “cess-pools” shall be omitted; (ii) clause (j) shall be omitted; 1 (iii) for clauses (G) and (l), the following clause shall be substituted, namely:- (~(k) restrictions on the use of inflammable materials in building”: (14) in section 247, far the words “so fat hs may b: apply to wells9′, the words figures “not apply to water works and sewerage worb within ths meaning of the Madras Metropolitan Water Supply and Sewerage Act, 1978” Shall be substituted; I 1 (15) in section 256, in sub-section (1) and m section 256-A, in sub-section (1), the words “or ~311” wherever they occur shall be omitted; (16) in section 265, ! in sub-sections (1) and (2), the word ‘6dri&ingYY sh?ll be omitted; (1 7) in section 304, in sub-section (2), th: ord “water-supply ** shall be omitted; 1 I (18) in section 349,- I (i) clause (3) shall be omitted; I (ii) sub-clauses (b) to (f) of clause (51 shall be omined; (iii) clause (7) shall be omitted; I (iv) in claust: (12), the words “and connecting them with drains*’ shhll be omitted; I978 :T.N. Act 281 ~adras Metropofh 865 Water SuppW and Sewerage (v) in clause (1 S), the words .’and water supply” shall be omitted; I (19) in section 366, in sub-section (I),- I (a) in clause (a) I (i) the figures “178” shall be omitted; (ii) the words “house drainage or the connexion of house drains with municipal drains, or house cornexions with municipal water-supply or” shall be omitted; I (b) in clause (c), the figures “262” shall b: omitted; (20) in section 383, in clause (a), the words and figures c6section 168, section 169, section 177, section 178, section 179″ shall be omitted ; I (21) in rule 30 of Schedule W, clause (a) shall be omitted; (22) in rule 3 of Schedule V, in clause (b), the wolds “of sewage farms and all works for the removal or disposal of sewage” and the words “of water-works, drinking fountains, tanks and wells” shall be omitted; (23) in Schedule VIZ and VZZZ, the entries in column (1) relating to sections 166, 168, 169, 177, 178, 180, 181, 262 and 268 and the corresponding entries in columns (2), (3) and (4) thereof shall be omitted. PART n. rn the Tamil Nadu District Municipalities Act, 1920 (Tamil Na& Act V of 1920),- (1) sections 125 to 135, 138 to 142, 223, 231 and 307 shall be omitted ; (2) in section 3, clause (8-A) shall be relettered as clause (8-AA) and before clause (8-AA) as so relettered, the following shall be inserted, namely :- ” (8-A) ‘drain ‘ means a rain or storm water drain and water tables, chutes and the side drain exclusively meant to drain away tho rain water falling on the surface of any street, bridge or causeway, but does not include a drain or sewer within the meaning of the Madras Metropolitan Water Supply and Sewerage Act, 1978.”; (3) in section 39, in sub-section (3), the words “water supply9* shall be omitted ; 125-10-55 866 lWudras Metropolitan Water Suppb and Sewerage [I978 :T.N. Act 28 (4) in section 81, in sub-section (I),– I (i) in clause (b), the words ” water and ” and ” water or ” shall be omitted ; I (ii) in the first proviso, the words ” waker and ” and the words ~ ” water works and the remainder shall be deemed to be levied in respect of” shall be omitted ; (5) in section 83,- 1 66 (i) in sub-section (2), the words ” water and” and the words ~ater or ” shall be omitted ; (ii) in sub-section (3), the words ” water and ” and the words ” water supply and ” shall be omitted; I (6) in section 150, the words ” water supply ” shall be omitted ; (7) in section 151, in sub-section (I), the words ” or with the house connection of any other person ” shall be omitted ; (8) in clauses (8) (a) and (b) of sub-section (2) of section 152, the words “for drinking ” shall be omitted ; I (9) in section 172, the words ” water sudply ” shall be omitted ; (10) in clause (c) of sub-section (1) of section 176, the word ” sewering ” shall be omitted ; I (11) in clause (i) of sub-section (3) of section 191, I (a) the words ” cesspools ” shall be omitted ; I (b) clause (I) shall be omitted ; I \ (12) in section 207, for the words “so far as may be, apply to a well “, the words ” not apply to water works and sewerage works within the meaning of the Madras Metropolitan Water Supply and Sewerage Act, 1978 ” shall be substituted ; (13) in sub-section (1) of section 216, the words ” or well “shall be omitted ; (1 4) in section 226,- (a) in the marginal heading, the words ” used for drinking ‘” shall be omitted ; 1978 :T.N. Act 281 Madras Metropolitan 867 Water Supply and Sewerage (b) in sub-secti~ss (1) and (2), the word “drinking ” shall be omitted ; (15) in sub-section (3) of section 262, the words ” water supply ” shall be omitted ; i (16) in section 306,- 1 (i) clause (3) [except sub-clause (b)] shall be omitted; 1 (ii) sub-clauses (b) to (f) of clause (5) shall be omitted ; I (iii) clause (7) shall be omitted ; (iv) in clause (12), the words “and connecting them with municipal drains” shall be omitted ; (v) in clause (15), the words “and water supply” shall be omitted ; (17) in sub-section (1) of section 322,- (i) in sub-clause (i) of clause (a), the figures ” 131, t 39″ shall be omitted ; (ii) in sub-clause (ii) of clause (a), the words “house drainage and the connection of house drains with municipal drains or house connection with municipal water supply or ” shall be omitted ; (18) in sub-section (1) of section 340, the words and figures “subject to the provisions of section 139 ” shall be omitted ; (19) in rule 39 of Schedule IV, in clause (c), the words “of sewage farms and all works for the removal or disposal of sewage, of waterworks, drinlcing fountains, tanks and wells;” shall be omitted ; (20) in Schedule VII, the entries relating to sections 127, 130, 131, 138, 139, 140, 142 and 223 and the entries relating thereto in columns (2) to (4) thereof shall be omitted ; (21) in Schedule VIII, the entries relating to sections 130, 131, 138, 139 and 140 and the entries relating thereto in columns (2) to (4) thereof shall be omitted. [The amendments made by this Part have already been incorporated in the principal Act, namely, the Tamil Nadu Panchayars Act, 1955 (Tamil Nadu Act XXXV of 1958).] 125- 10-55A I PART IV. I $68 Madras hletropolitan [The amendments made by this Part have already been incorporated in the principal Act, namely, the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961).] [I978 : T .N. Act 28 [The amendments made by this Part have already been incorporated in the principal Act, namely, the Tamil Nadu Water Supply and Drainage I %ard Act, 1970 (Tamil Nadu Act 4 of 1971).] Water Supply and Sewerage PART VI. I I [The amendments made by this Part have already been incorporated in the principal Act, namely, the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil Nadu Act 11 of 1971).] 1 PART VII. i I [The amendments made by this Part have already been incorporated in the pincipal Act, namely, the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972).] The following Act of the Tdl Nadu Legislative Ammbly received ths anqcnt of the Governor on t.hr: 2lqt Febrvaiy 1992 Ltnil i6c hereby publifihiheii, for .. **general inf omtion :- ,a .. ad ACT No. 6 OF 1992. .- ‘. An Aot further to atnend dhe/yJd&ira;s Jfettypolitan Water Bupplzj and Bewerage Act, 1978. ,. – Blil ~t enacted by the Legislabive Assem1,ly of the State ?f Tamil Nadn in the 1 ” Forty-third Year of the Nyuhlic of India aa frllo~sr ;- ” ‘ .. . . ? I-rt title and 1. (1) This Act rqy be called the Midras Metlvpditrwl Water Supply ! wc;nw!, and Sewerage (Bmmdment) Act, 1992. I:, \.i s,, -. i e (2) Sections 3 and 4 shall be deemed k have come into force on the I . I 20th Kovemhr 1991 and the other providons of this Act shall come into force , 1 at once. k* Amendment d 2. In &ion 40 of the BTadma ~etro~olitan Wr Supply and Seserage Tag!: Nadu sdoa 4C. Act,. 1978 (hereina;e4er referred ‘lu, as .the principal Act), for sub-section (2), 27 of the following sub-section shall be mWtuted, namely :- – ” (2) Notwithstanding anything contained in ,sub-section (I), the C Board shall no4 except with the previouq saw%ion af the Government adopt or execute any scheme or plan in respect of water works or sewelage ~vorks or , carry out any work in connection therewith if the cost pl: such schema, plan I or other work is mot or tolbe mq bith fro-m the funds provided by the Qovernmeat. “. . a ” ._. *. I Ineertion of new 3. After section 40 of the prin&pal act; the followin& aection shall be 40cA. inmed, namely :- D “40-A. Government to fnise certain contracts.-Notwithstanding anything cantained in this AcG where any contract for the execution of any scheme, plan or other work or for the supply of any materidls or goods the value of which exceeds one crore of rupees, the Board: an receipb of the tenders in respect of such contract, – place a,ll the tenders before the Oovern- . merit whi* may approve any tender which, appegs to them, upon a view of all the circmmdancee, to be the rm& adv8~tage.o~~ and thereupon the Board shall accept the tender so a0pproved. ‘. ~nsertioa of nm 4. After section 78-A of the principal Ac.~? the following section shall be i~serted, qamely : – . . . Repeal and %ring, ” 7BB. Power of ~ovemtnsktb irrue’orde&bnd d*Ectians.to the Beerd iO local authoritid&.-Tb Qovemunm6 may isslie to tlk Board dr to the local authority concerned, such ordm ad dircctiom aa in their opinion are + necessary or expedient for carrying out the pnrposee of thi& Act and die i; Board or such local authority, as the case may be, &all give effct to all snch orders amd directions. “. h k” ;, 5. (1) The Madras Metropolitan Water Supply and Ssweraqe (Amend- Tzt.Nt; ment) Ordinance, 1991, is hereby repealed. 6 of%: (2) NotwitW!mding euah repeal, anything done or ahy actin=., “nder the principal Act, aa amdad i& iee lie gml be deen,, to have been done or takca under the principal A&, & I by I I .+./ i, (Ry order of the Governor. , : b- (i i- .. 1 ‘( – – ,.- ,- r i MD. ISMAIL, I ‘ -*?– -,, s –..,- Sec.,yetwy to Govern??~ent, ‘ tazu Department. L.. TAMIL NADU GOVERNMEhT GAZETTE EXTILIORDINARY 315 —.- – -= Th: fclla~ing 4ct of tho Tamil Nadu Legislative ~ssernblb received the assent of the Governor on the 28th June 1994 and is hereby phblisjped for general information :- ACT No. 41 OF 1994. An Act Jurther to amend the Madrm Metropolitan Water Supp1,v and Sewerape Act, 1978. Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fortyfifth Year of the Republic of India as follows:- 1. (1 This Act may be called the Madras Metropolitan Water Supply and Short title and Sewerage I Amendment) Act, 1994. oommencemsnt (2) It sha 11 come into force at once. 2. In section 4 of the Madras Metropolitan Water Supply and Sewerage Act, ~mendment of ct 23 of 1978. 1978, after clsuse (d). the following clause shall be inserted. namely:– section 4. “(dd) the Managing Director, Tamil Nadu Water Supply and Drainage Board, ex-oficio ;”. (By order of the Governor.) M. MUNIRAMm, Secretory to Government, Law Department. —- – TAMIL NADU G 0VEP.N hlENT GAZETTE -‘EXTRAORDINARY – -.-a 165 — 1 – — – – – — — – P — — – .–;- – 2. –n Y P-xxm 3-* . d -..: -. P. –* *L .- i. r .=,—A*- . – -L The f ollowir;.~ Ict of the Tamil N3du Lezjslative Asssqbly ~eceived the assent af the Govet;.ol o* the 11th Septeinb:r 1996 and is horohy published for genera! i~if orrnntior. :- ACT Nc. 35 OF 1996. !I\ ACT FIJRThER TO AMEND THE MADRAS METROPOLITAN WATER I SUPPI,Y AND SEWERAGE ACT, 1978. Bi. 11 cn;tcted by the Legislative Asscmbly of the State ot Tamil Nadu in the Fortysz\cntll year of thc Republic of Tntiia as follows :- ..-, -.. 1. (1) Tllis Act may be called the Madras Metrop<)litan Water Supply and Short title and S2iverage (Arncndment) Act, 1996. , commencement. (2) Section 2 shall be deemed to have come into force on the 8th day of July 1996 and the rest of this Act shall come into force at ( nce. 2. In the Madras Metropolitan Water Supply and Sewerage Act, 19781 (herein- Omission OC r fttrr refel-l-,:d tc as tile prinbl,,a: ‘, :’ :-stion 40-A shall be omitted. section 40-A. Z In ~~~it1oil45 of the pr~nc~pal kt, in sub -section (!), clause (u) shall be omitted. Amendment of section 45. 4. 111 ss-tton 56 of the prina))al Act, ir, sub-sxtlcm (I), clause (a) shall be ~mendrnent of sectioa 56, (By older of the Goverrlor) -. — -. A. K. RAWN, 2barefm-v ro Govemmerlt, Law Dcparlwteni. I l Nado ance 9 — – -1 TAMIL NADU GOVERNMENT GAZET I E EXTRAORDiMARY – — – — _—- The following Act of the Talnil Nadu Legislative Assmbly received the assent of the Governor on the 1st November 1997 and is hereby published foi general information :- Am No. 56 OF 1997 . An ACT FURTHER TO AMEND THE CHENNAI METROfO1.ITAN WATER SUPP1,Y AND SEWERAGE ACT, 1978. BE it enacted by the Legislathe Assembly of the State of Tamil Nadu in the Forty- eighth Year of the Republic of’ India as follows :- 1. (1) This Acl may be called the Chennai Metropolitan Water Supply and Short titte Sewerage (Amendment) Act, 1997. and commencement. (2) It shall come into force at once. 2. In section 4 of the Chennai Metropolitan Water Supply and Sewerage Act, Amendment of 1978 (hereinafter referred to as the principal Act), for clause (a), the following clauses section 4. shall be substituted, namely : – “(a) the Minister in-charge of the department dealing with the subject “water supply”, who shall be the Chairman of the Board, c 2dfficio; (aa) tlie Sccretary to Government in-c;~arpe of the department dealing with the subject “water supply”, e,~-oflcio. 3. In section 4-A of the principal Act, sub-section (2) shall be omitted. Amendment of mion &A. 4. In section 18 of the principal Act, in sub-section (8), for the expression Amen-nt of “claus: (b), clause (c) or clause (d) of section 4 or in sub-section (2) of section 4-A”, section 18. the expression “clause (aa), clause (b), clause (c) or clause (d) of section 4” shall be substituted. 5. In section 81 of the principal Act, in subection (2). in the proviso, for the Amsadmsnt of expression “clauses (f), (h), (j), (k), 0) and (n)”, the expression “clauses (f), (h) m3ioa 81. and (n)” shall be substituted. (By order of the Governor) A. K. RAJAN, Secreta~;)~ to Got*errtmrrtt, Law Department. ‘TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 311 11 N;, :u li~o litllow~l~g Act of tile Tamil Nadu Legislat~vs Assontbly receivod tlle assellt tl~narlce of the Governor on the !st November 1997 and is hereby publisl~ed for genercl I! 1907 infcrrinatroa :- ACT No. 58 OE 1997. i An Act further to alne ld the Chennai Metropolitan Water Supply and Sewcrage Act, 1978. BE it cnactcd by the Lc.gislative Assembly of the State ot Tamil Nadu in the r Forty-eighth Year of the Republic of India as follows:- 1. (id This Act may be called the Chennai Metropolitan Water Supply Short title and Sewwage (Second Amendment) Act, 1997. and . Commence. rnent. (2) 4~-tion:, 2 and 3 shall be deemed to have come into force on the 1st day 2. In section4 of the Chennai Metropolitan Water Supply and Sewerage Act, Amendment @f Tamil ,Na,dn Act 197s (hercinatter referred tv as the principal Act), after clause (g), the following , section 4: 28 of 1978. clause shall be added, namely:- “(h) a Technical Director nominated by the Government in c:>i~sultation with the Board.”. 3. After section 12 of the principal Act, the iollowing section shall be inserted, Insertion ofnew namely :- section 1 24. “12-A. Tecl~nical Director.-The Technical Director shall be a person of proven experience and knowledge on water and sewerage service and who shall represent the Central o; State Government or of a local authority or of a corporation or company owned or controiied by the Central or State Government and shall hold office for sflch period and subject to such terms and conditions as may be prescribed by the Government.”. 4. In section 17 of the principal Act, in sub-sectioti (I), in clause (c), for the Amendment @f c~pression “the Engineering Director and”, the expression “the Engineering Direc- section 17. tor, the ~echnical Director, the Executive Director and” shall be substituted. 5 . Notwithstanding anything qontained in the principal Act, the non-official Validation ot Technical Director of the Chennal Metropolitan Water Supply and. Sewerage appoictmeat of bard appointed by the State Government under sub-clause (iv) of clause (e) of Tachnfoal section 4 and section 13 of the principal Act on the 1st day of March 1997 shall be i_)iractor. deemed to have been nominated by the State Government as a Technical Director uder the principal Act, as amended by sections 2 and. 3 of this Act, and anything 80m or aay action taken by such non-official Technical Director on .or after the 1st &y of March 1997 and before the date ot publication of this Act In the Tmni? Haik. Oovmmcnt Gazette, shall, for all purposes, be deemed to be, and to have ahsys btm. validly done or taken in accordance with law as if the principal Act, as amcndcd by this Act, had bebe inform at a11 material tima and shall not be lialdb to qu&ionuf In any CoWt df law. (By erf tb CbGornar) A. K. WAN, Secretary fo Gavermcn?, Law Departmt. . RAORDINARY 73 . – — – – I Act. No. 30 OF 1998. .’ AN ACT FURTHER TO AMEND THE CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE ACT, 1978. Be it enacted by the ~egislative Assembly of the State of Tamil Nadu in the Forty-ninth Year of the Republic of India as follows :- I. (I) This Act may be called the Chennai Metropolitan Water Supply and Short title and Sewerage (Amendment) Act, 1998. canamencement (2) It shall come into force on such date as the State Government may, by retifiation, appoint. 3. In section 34 of the principal Act,-! Amendment of section 34 (1) in sub-section (2), for the expression”shal1 not be more than twenty per ocnt and in the case of sewerage tax shall not be more than ten per cent of the rsferred annual value of the premises”, the expression “shall not be more than , tbrty-five per cent and the case of sewefage tax shall not be more than fifteen per rent of the property tax” shall be substituted ; 9 (2) in sub-section (3), the expression “with the sanction of Goverlunent” shall be omitted; (3) in sub-section (4). for the expression ~6p;cperfy lax c r LC lize is^” in two places where it occurs, the expression “property tax shall be substituted. 4. Section 35 of the principal Act shall bs omitted. Omission of section 35. Amepdment of sectlon 45 (3) in subsection (4), for the expression “the annual value of each of which : is less than three hundred rupees”, the expression s’each of which is assessed fo property tax” shall be substituted. mp) IV 2 Ex. (761)-4 (By order of the Governor) 74 TAMIL NADU GOVERNMENT GAZETTE ExTRA@Rulfin~\* — n* of 6. In section 71 of the princid Act,- &ion 71. (1) in sub-section (I), item (ii) shall be ornitte~i; (2) in su+wtion (2). the expression “or confirm or reduce or enhance the annual value” shall be, omitted, Amendment of 7. In seotion 72 of the principal Act,- don 72. (1) in sub~mtion (2). the exprepion “and the annual valuation shall be msed under section 35″ shall be omltteri ; (2) in sub-section (3). for the exp;~ssion .&The annual value fixed under swtion 35 against which DO appeal has been under this Act, and the mnounf*** the onpression ” The amouut” shall be s~btstuted. A. K. RCLJABT, Secretary to Govcrmc~t, Law Departmest. – / pm AND pmnm DM D-R OF IFTA’I’IONERY AND PRINTING, mAB ~p“’tlkl&, ,- – BEHALF OF TRE GO^^ OF TAMIL XALW. The following Act of the Tamil Nadu Legislative Assembly dved the assent of the Governor on the 22nd Cecember 1998 and is hereby published for general information :- ACT No. 49 OF 1998 I (2) It shall be deemed to have come into force on the 8th day of October 1998. 2. In section 6 of the Chennai Metropolitan P ater Sapply and Sewerage Act, A-t 1978 (hereinafter refelred to as the principal Act), jn suLsection (2) after clause (di), of aaotion 6. the following clause shall be inserted. namely:- “(xii-a) to collecl infrastructur r development charges fron. the applicant buildel or developer of such multistvreyed building or special building as .!,av he prescrfbed for the provision of adequate water supply or sewerage:’$ 3. In section 81 of the principal Act, in sub-section (2) after clause (j) tl; ‘ following Amendwnt clause shall be inserted namely : – of seotioa 81. ‘I “(jj) the manner of and the basis on which the infrastnlcture develok 3ent chsrges shall be collected ” . 4, (1) The Chennai Metropoljtan Water Supply and Sewerage (Second Amendmmtj R nance, 1998, is hereby repealed. mv “e”” JW (2) Notwithst snding such repeal, zithin’c done 01 ~II ) actic rl t ~krn under the prjncipal Act, as am~ndccl by the said Oidinrjlcc shall be clccntc to have been done or taken under the principal Act, as amended by thls Act. &oup) IF2 Ex. (751)-3 *” * La .a L -rnE ah- ,% a? “,XI P a-, .^1bP. . X EI (By Order of the Governo~,) A. K. RAJAN. Secretary to the Governmmt. Law merit Short title an( commencement. ADU GOVERNMENT GAZETTE EXTPAORDINARY –. -* – .. . — – The following Act of the Tamil Nadu Legislative Assernbl y reccived I hc ;:.sent of the Governor on the 22nd December 1,998 and is hereby pblished fcr general information :- ACT NO. 50 OF 1998. An Act further to amend the Chennai Metropolitan Water Supply and Sewerage Act, 1978. I – BE it enacted by the Legislative Assembly o’f the State of Tamil Nadu in the FortyI ninth Year of the Republic of India as follows :- i PART -I PRELIMINARY 1. (1) This Act may be caUed ‘ the Chennai Metropolitan Water Supply and Sewerage (Third Amendment) Act, 1998. shall come into force on such date as the State Governnlent may, by notifl40 of the Chennai Metropolitan Water Supply rind Sewerage , after sub-section (2), the following sub-section shall be added, (3) Notwithstanding anything contained in sub-sections (I) and (2), the Board may, without the previous sanction of the Government,– (a) adopt or execute each of the component in any World Bank assisted, projects, or otber externally aided projects, for which the Government have accorded , previous sanction for the total project costs ; (b) adopt or execute any maintenance work in any scheme or 111an in respcct of water WorKs or sewerage works irrcspcctive of the cost of such maintcnancc works ; (c) adopt or execute any scheme or plan with the assista~~ce of any financial institution such as, Housing and Urban Development Corporatio~l, where the fund is not routed through the Government; (d) sanction not exceeding two and half times of the Buclget ;Estimate after deducting the value of the spill over in respect of Government assisted plan programmes under the Ghennai Transmission and Distribution System.” (By Order of the Governor) 1 ~1 K, RAJAN. Amendment of 1 section 40. Secretary to Government, Law,Dcp;:rt:.~zcnt. @@UP) 1V-2 EX. (751)-3 A -. 78~ .ag;; #. – aT – a; r .-‘_ @ em ,@ ,.. R lggfi .* _.. F + c . * m+iq~St~~-f$-&3-f . , TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 67 Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 3rd February, 2012 is published together with Statement of Objects and Reasons for general information:— L.A. BILL No. 4 OF 2012 An Act further to amend the Chennai Metropolitan Water Supply and Sewerage Act, 1978. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Chennai Metropolitan Water Supply and Sewerage (Amendment) Act, 2012. (2) It shall be deemed to have come into force on the 25th day of October 2011. 2. To section 87 of the Chennai Metropolitan Water Supply and Sewerage Act, 1978, the following proviso shall be added, namely:— “Provided that all taxes, fees and duties, in respect of water supply and sewerage services as levied by the local authority concerned before the date of the such extension, shall be deemed to have been levied by the Board under the provisions of this Act and shall continue to be in force accordingly, until such taxes, fees and duties are revised, cancelled or superseded by anything done or any action taken under this Act.”. 3. (1) The Chennai Metropolitan Water Supply and Sewerage (Amendment) Ordinance, 2012 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act. Short title and commencement. Tamil Nadu Act 28 of 1978. Amendment of section 87. Repeal and saving. Tamil Nadu Ordinance 4 of 2012. The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 23rd February 2012 and is hereby published for general information:— ACT No. 8 OF 2012. (By order of the Governor) G. JAYACHANDRAN, Secretary to Government, Law Department. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 303 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 16th November 2012 and is hereby published for general information:— ACT No. 48 of 2012. An Act further to amend the Chennai Metropolitan Water Supply and Sewerage Act, 1978. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Chennai Metropolitan Water Supply and Sewerage (Second Amendment) Act, 2012. (2) It shall come into force on such date as the State Government may, by notification, appoint. 2. In section 37 of the Chennai Metropolitan Water Supply and Sewerage Act, 1978,- (1) in sub-section (7), for the expression “sanction’’, the expression “approve” shall be substituted; (2) sub-section (8), shall be omitted; (3) in sub-section (9), for the expression “sanctioned’’, the expression “approved” shall be substituted. (By order of the Governor) G. JAYACHANDRAN, Secretary to Government, Law Department. Short title and commencement. Tamil Nadu Act 28 of 1978. Amendment of section 37.