The Kerala Water Supply and Sewerage Act 1986-1
The Kerala Water Supply and Sewerage Act 1986-1
The Kerala Water Supply and Sewerage Act 1986-1
(Act 14 of 1986)
An Act to provide for the establishment of an autonomous authority for the development and
regulation of water supply and waste water collection and disposal in the State of Kerala
and for matters connected there with.
Preamble.--WHEREAS it is considered necessary to provide for the establishment
of an autonomous authority for the development and regulation of water supply and
waste water collection and disposal in the State of Kerala and for matters connected
therewith.
BE it enacted in the Thirty-seventh Year of the Republic of India as follows:--
CHAPTER I
Preliminary
(3) It shall be deemed to have come into force on the 1st day of March, 1984.
2. Definitions.--In this Act, unless the context otherwise requires,--
(i) "Authority" means, the Kerala Water Authority constituted under section 3;
(ii) "cess-pool" includes a settlement tank or other tank to receive or dispose of
foul matters from any premises;
(iii) "Chairman" means the Chairman of the Authority;
(iv) "communication pipe" means any pipe or system of pipes, along with all
fittings thereto, by means of which water is supplied to any premises from the
main, and includes a connection pipe, service pipe, meter or other fittings;
(v) "connection pipe" means any water pipe from a ferrule to stopcock
connecting the distribution main with the service pipe;
(vi) "Consumer" means any person getting the benefit of any water supply or
waste water service from the Authority;
(vii) 1["domestic sewage" means waste water from any house or residence arising
out a personal and normal human activities such as drinking, bathing, washing and
cooking ;]
(viii) "drain" means every part of any conduit laid through, under or above a
street, way or land whether public or private by or at the expense of the owner or
occupier of any premises for the carriage therefrom of any waste water to any
sewer ;
1. Substituted by Act 8 of 2009.
_____________________________________________________________________________
Received the assent of the President on the 4th day of August, 1986 and published in the Kerala
Gazette Extraordinary No.736 dated the 4th August, 1986.
(xi) "ferrule" means a ferrule connecting the connection pipe with the main ;
(x) " fire hydrant" means hydrant fixed on the water main other than the trunk
main for affording supply of water for extinguishing any fire ;
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[(xa) “flat” means buildings or independent villas having ten or more dwelling
units or buildings having a total plinth area of one thousand square meters or
more in a premise.
(xb) “licensed plumber” means a plumber who is provided with a license by
the authority to execute works related to any water connection or domestic or
non domestic sewer connected to sewerage of the Authority, under sections 43
and 47B.]
(xi) "local area” means the area falling within the jurisdiction of a local body;
(xii) "local body" means a city corporation, a Municipal council, a township
or a panchayat ;
(xiii) "main" means a pipe laid by the Authority for the purpose of giving a
general supply of water as distinct from a supply to an individual
consumer, and includes any apparatus used in connection with such a
pipe;
(xiv) "Managing Director" means the Managing Director of the Authority ;
(xv) "member" means a member of the Authority ;
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[(xva) “multistoried building” means buildings in a premise having
five or more units or having a total plinth area of five hundred square
meters or more used for non domestic activities with or without any
dwelling unit.
(xvb) “non-domestic sewage” means sewage other than domestic
sewage and includes industrial sewage.]
(xvi) "occupier", in relation to any premises, includes;-
16. Vesting of property in Authority etc.— (1) As from the date of establishment of the
Authority, (hereinafter in this Chapter referred to as, ” the appointed day”),--
(a) (i) all properties and assets (including water works, buildings laboratories,
stores, vehicles, furniture and other furnishing), all the existing water supply and sewerage
services, sewage works and sewerage farms including, as the case may be all plants,
machineries water works, pumping stations, filter beds, water mains and public sewers in,
along, over or under any public street and all buildings, lands and other works, materials,
stores and things appertaining thereto ; and
(ii) so much of the sub-soil appertaining to the said water mains and sewers as
may be necessary for the purpose of enlarging, deepening or otherwise repairing or
maintaining any such water mains and sewers or any pipes and other appliances and fittings
connected with such water supply and sewerage services and sewage works and sewage
farms which immediately before the appointed day were vested in the Government for the
purposes of the Public Health Engineering Department, shall vest in and stand transferred to
the Authority;
(b) (i) all the water supply and sewerage services, sewerage works and sewage
farms including all the plants, machineries, pumping stations, distribution lines and public
sewers in, along, over or under any public street and all buildings, lands and other works,
materials, stores and things appertaining thereto; and
(ii) so much of the sub-soil appertaining to the said distribution lines and sewers
as may be necessary for the purpose of enlarging, deepening or otherwise repairing or
maintaining any such distribution lines and sewers or any pipes and other appliances and
fittings connected with such water supply and sewerage services and sewerage works vested
in any local body and in respect of which maintenance of sewerage services and sewerage
works, management and distribution of water supply or collection of charges which
immediately before the appointed day were attended to by the Public Health Engineering
Department, shall vest in and stand transferred to the Authority;
(c) all the rights, liabilities and obligations of the Government or the local body
as the case may be whether arising out of any contract or otherwise pertaining to the said
department including the right to recover arrears of water tax and sewage tax, water charges,
meter
hire and of any cost or fees relating to water supply and sewerage services shall be the rights,
liabilities and obligations of the Authority and
(d) all the assets, rights, liabilities and obligations of the Kerala State Rural
Development Board constituted under the Kerala State Rural Development Board Act., 1971
(15 of 1971), in so far as they pertain to execution of water supply and sewerage schemes in the
panchayat areas including the right to recover arrears of annual installments from panchayats
towards expenditure on water supply and sewerage schemes under section 13 of the said Act,
shall be the assets, rights, liabilities and obligations of the Authority.
(2) The properties assets, rights, liabilities and obligations referred to in sub-
section (1) shall be valued in such manner as the Government may determine.
(3) All suits and other legal proceedings instituted or defended or which might
but for the vesting and transfer under sub-section (1) have been instituted or defended by or
against the Government or the local body or the Rural Development Board, as the case may be,
may be continued or instituted or defended by or against the Authority.
(17) Decision of Government on the vesting of property to be final.--Where any doubt or dispute
arises as to whether any property or asset has vested in the Authority under section 16 or any
rights, liabilities or obligations have become the rights, liabilities and obligations of the
Authority under that section, such doubt or dispute shall be referred to the Government whose
decision thereon shall be final.
(18) .Vesting of existing water supp/y and sewerage services under local bodies.—(1) As from
the date following the expiry of a period of three years from the appointed day or such further
period as may be specified by the Government in this behalf by notification in the Gazette,--
(a) all the water supply and sewerage services, sewerage works and sewerage farms
including all the plants, machineries, pumping stations, distribution lines and public
sewers in, along, over or under any public street and all buildings, lands and other works,
materials, stores and things appertaining thereto ;
(b) So much of the sub-soil appertaining to the said distribution lines and sewers as
may be necessary for the purpose of enlarging deepening or otherwise repairing or
maintaining any such distribution lines and sewers or any pipes and other appliances
and fittings connected with such water supply and sewerage services and sewerage
works; and
(c) all rights, liabilities and obligations including the right to recover arrears of water
charges, meter hire and of any cost or fees relating to water supply and sewerage
services, which immediately before the above mentioned date vested in any local body
shall vest in and stand transferred to the Authority.
(2) The properties, assets, rights, liabilities and obligations referred to in sub-section (1)
shall be valued in such manner as the Government may determine.
(3) Where any doubt or dispute arises as to whether any property or asset has vested in
the Authority or any right, liability or obligation has become the right, liability or
obligation of the Authority under this section, such doubt or dispute shall be referred to
the Government whose decisions thereon shall be final and binding on the Authority and
the local body concerned.
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[18A. Power of Government to retransfer certain Water Supply and Sewerage Services.
—(1) Notwithstanding anything contained in this Act, on a request by a resolution passed in this
behalf, by the local body which has its own electricity distribution system, the Government may,
if they consider it necessary so to do, by notification in the Gazette declare that the water supply
and sewerage services and other items mentioned in clauses (a) and (b) of sub section (1) of
section 18, which had been vested in the Authority under the said section shall, on and from the
date specified in the notification, revest in and stand retransferred to such local body, subject to
such terms and conditions as may be mentioned therein and thereupon the local body shall
exercise all powers and perform all functions relating thereto.
• All rights, liabilities and obligations relating to the water supply and sewerage services
revested under sub-section (1), including the right to recover arrears of water charges, meter hire
and of any cost or fees which were due to the Authority immediately before such revesting, shall
vest in and stand transferred to the local body.
• Where any doubt or dispute arises as to whether any property or asset has revested in such
local body under sub section (1) or any right, liability or obligation has become the right, liability
or obligation of the local body under this section, such doubt or dispute shall be referred to the
Government whose decision thereon shall be final and binding on the Authority and the local
body concerned.
(4) The Authority shall lend the services of such number of employees as may be necessary,
to do the work in connection with the water supply or sewerage services or sewerage works
revested in the local body under sub-section (1) and the salary, allowances, and contributions, if
any, due to such employees shall be paid by the local body".
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[(5) The Authority shall render necessary technical services to the local bodies
for planning, execution and running of water supply and sewerage schemes in the
manner prescribed by Government.
(6) Every local body is free to start their own water supply and sewerage scheme
either individually or as groups of local bodies and to fix their own user charges
as may be prescribed.]
(b) may transfer any water supply scheme or sewerage service covering the area of a single
municipality; on a request from such village panchayat or the municipality, as the case may
be in the manner, as may be prescribed.
(2) The Authority may, if they consider it necessary to do so, transfer any water supply or
sewerage services to the village panchayat or the municipality concerned in the manner
as may be prescribed.
(3) The Authority shall render all necessary technical services to the local bodies for planning,
execution and running of water supply and sewerage services of which are transferred under
subsection (1) and (2) in the manner as may be prescribed.
(4) The Authority may collect from the bodies concerned necessary tariff for street taps
provided by it within the local limits of the said local bodies at the rates as may be fixed by
Government.]
19. Transfer of employees to the Authority.— (1) Save as otherwise provided in this section,
every person who was employed in the Public Health Engineering Department of the
Government shall, on and from the appointed day become an employee of the Authority
and shall hold his office or service therein by the same tenure, at the same remuneration
and upon the same terms and conditions, and with the same rights and privileges as to
pension, gratuity and other matters as he would have held the same on the appointed day
if this Act had not come into force and shall continue to do so until his employment in the
Authority is terminated or until his remuneration or other terms and conditions of service
are revised or altered by the Authority under or in pursuance of any law or in accordance
with any provision which for the time being governs his service:
Provided that nothing contained in this sub-section shall apply to an employee in the cadres
of the Administrative Officers, Financial Assistants, Divisional Accounts, Typists and
stenographers, who by notice in writing given to the Government and the Authority within
such time as the Government may, by general or special order, specify , intimates his intention
of not becoming an employee of the Authority :
Provided further that an employee referred to in the preceding proviso shall continue to be an
employee under the Government and shall be provided elsewhere in any post or other service
under the Government.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act
14 of 1947), or in any other law for the time being in force, the transfer of service of an
employee to the Authority under sub-section (1) shall not entitle any such employee to any
compensation under that Act or such other law and no such claim shall be entertained by
any court, tribunal or other authority.
(4) Every permanent or temporary employee of the Public Health Engineering Department
of the State Government under subsection (1) shall on and from the appointed day, be a
permanent or temporary employee, as the case may be, of the Authority, against a
permanent or temporary post which shall stand created in the establishment of the Authority
with effect on and from the appointed day.
(5) An employee referred to in the first proviso to sub-section(1) shall be deemed to have
continued in the service of the Government between the appointed day and the date of relief
from the establishment of the Authority after receipt of this notice in writing addressed to
the Authority referred to in that proviso and the Authority shall be entitled to reimbursement
from the Government of the remuneration paid by it to such employee for such period.
(6) Nothing in any rule, regulations or order applicable to Government servants in relation
to retrenchment or abolition of posts shall apply to any employee referred to in sub-section
(1).
(7) Notwithstanding anything contained in the forgoing subsections, the Authority shall be
competent to take such disciplinary or other action as it thinks fit or to continue any such
action already initiated against or in respect of any employee who becomes an employee of
the Authority under sub-section (1) in respect of any act or omission or conduct or record
of such employee while he was in the service of the Government.
(20) Transfer of employees of local bodies to the Authority.—(1) Save as otherwise
provided in this section, an employee who was employed exclusively in connection with
water supply or sewerage service or sewerage works under a local body whose properties,
assets and water supply and sewerage services have been transferred to the Authority under
Section 18 shall, on and from the date of transfer of such properly and assets to the
Authority, become an employee of the Authority.
(3) If any question arises as to whether any person was exclusively employed
in connection with the water supply or sewerage services or sewerage works under a local
body immediately before the said date, such question shall be decided by the Government.
(4) The sums standing to the credit of the employees referred to in sub-section
(1) in any permission, provident fund, gratuity or other like funds constituted for them shall
be transferred by the local body concerned to the Authority along with any accumulated
interest due till the said date and with the accounts relating to the said fine and the Authority
shall, to the exclusion of the local body, be liable for payment of pension, provident fund,
gratuity or other like sums as may be payable to such employees at the appropriate time in
accordance with the conditions of their service.
And the said account shall be operated upon by such officers of the Authority as may be authorized
by the Authority and in such manner as may be prescribed.
Provided that the Authority may invest any sums not required for immediate use in such securities
or debentures as may be approved by the Government.
(23) General Principles for the Authority's Finance.--The Authority shall not, as far as practicable
and after taking credit for any grants or subventions or capital contributions or loans from the
Government under section 24, carry on its operations under this Act at a loss and shall so fix and
adjust its rates of taxes and charges under this Act as to enable it to meet as soon as feasible the
cost of its operations, maintenance and debt service and where practicable to achieve an economic
return on its fixed assets.
(24) Grants, Subventions, capital contributions and loans to the Authority.-- The Government
may, after due appropriation by law of the State Legislature, from time to time make grants,
subventions capital contributions and advance loans to the Authority for the purposes of this Act
on such terms and conditions as the Government may determine.
(25) Power of Authority to borrow.— (1) Notwithstanding anything contained in any law for the
time being in force under which any local body is constituted, the Authority shall with effect from
the date of its establishment be the only local authority authorized to borrow any sum of money
for water supply and sewerage works.
(3) Stocks issued by the Authority under this sections shall be issued, transferred,
dealt with and redeemed in such manner as the Government may, by general or special order,
direct.
(26) Depreciation Reserve.-- The Authority shall create a Depreciation Reserve and make
annual provision therefor in accordance with such principles as may be prescribed.
(27) Guarantee for loans.—(1) Government may guarantee the repayment of any loan and
payment of interest on all loans made or transferred to the Authority for the purposes of this
Act.
(2) The Government shall, so long as any such guarantee is in force, lay before
the State Legislature in every year during the budget session, a statement of the guarantees, if
any, given during the current financial year and up-to-date accounts of the total sums, if any,
which have been paid out of the Consolidated Fund of the State by reason of any such
guarantee or paid into the said Fund towards repayment of any moneys so paid out.
(28) Estimates of income and expenditure. —(1) The Authority shall before the
commencement of, and may at any time during, a financial year prepare a statement or a
supplementary statement, as the case may be, of the programme of its activities during the year
as well as a financial estimate in respect thereof and the same shall be submitted in such
manner, in such form and by such dates as the Government may, by general or special order,
direct, for the previous approval of the Government :
Provided that in the event of such previous approval not being received before the
commencement of the financial year for which such financial statement has been submitted,
the Authority shall be entitled to expend on all accounts up to an amount not exceeding the
amount approved for the corresponding period of the previous financial year and such amount
shall not include any sum spent out of grants and subventions during the said period.
(2) Every financial estimate referred to in sub-section (1) shall make
provision for the due fulfillment of all the liabilities of the Authority and for the efficient
administration of this Act.
(3) Save where in the opinion of the Authority, circumstances of extreme
urgency have arisen, no sum exceeding one lakh of rupee on account of recurring
expenditure or exceeding five lakhs of rupee on account of non-recurring expenditure shall
be expended by the Authority in any year of account unless such sum has been included in
a financial estimate submitted under sub-section (1) to the Government.
(4) Where any such sum is expended under circumstances of extreme
urgency, a report thereon indicating the sources from which it is proposed to meet the
expenditure shall be made as soon as practicable to the Government.
(5) The Government shall cause the financial estimates of the Authority
received by it under sub-section (1) to be laid annually before the State Legislature.
(29)Accounts and Audit.-(1) The Authority shall cause to be maintained such books of
accounts and other books in relation to the accounts and prepare an annual statement of
account and balance sheet in such form and such manner as the regulations may require.
(2) The accounts of the Authority shall be audited by such Auditor, in such
manner and at such time as the Government may, by general or special order, direct and the
Auditor so appointed shall have such powers of requiring the production of documents and
the furnishing of information respecting such matters, and shall have such powers in respect
of disallowance and surcharge as may be prescribed.
(3) The accounts of the Authority as certified by the Auditor together with
the audit report thereon shall be forwarded annually to the Government who may issue such
directions to the Authority as they may deem fit and the Authority shall comply with such
directions.
(4) The Government shall,--
(a) cause the accounts of the Authority together with the audit report thereon
received by it under sub-section (3) to be laid annually before the State Legislature;
and
(b) cause the accounts of the authority to be published in such manner as may be
prescribed.
(30) Surcharge.--(1) The Chairman or Managing Director or any other member, officer or
employee of the Authority shall be liable to surcharge for the loss, waste or misapplication
of any money or property of the Authority if such loss, waste, or misapplication is a direct
consequence of his neglect or misconduct while acting as such Chairman or Managing
Director or other member or officer or employee.
(2) Procedure of surcharge under sub-section (1) shall be such as may be
prescribed.
(3) Any document found due from any person as surcharge under subsection
(1) as a result of proceedings for surcharge shall be recoverable as arrears of
land revenue.
(4) Nothing in sub-section (3) shall prevent the Authority from deducting any
amount referred to therein from any sum payable by the Authority on account
of remuneration or otherwise to such Chairman or Managing Director or other
member, officer or employee.
CHAPTER V
Taxes, fees and Charges
(31) Cost of water. (1) The Authority shall, by notification in the Gazette, fix the cost of water to
be supplied by it according to volume and also the minimum cost to be charged in respect of each
connection.
(2) The Authority may, in lieu of charging the cost of water according to volume
accept a fixed sum for a specified period on the basis of expected consumption of water during that
period.
(32) Cost of collection and disposal of waste water.—
(1) The Authority shall, by notification in the Gazette, fix the cost of collection
and disposal of waste water according to its volume (which shall be such percentage of the volume
of total water supplied to the consumer as may be prescribed) and also the minimum cost to be
charge in respect of such collection and disposal.
(2) The Authority may, in lieu of charging the cost of collection and disposal of
waste water according to the basis referred to in sub-section(3) accept a fixed sum for a specified
period on the basis of expected collection and disposal of waste water during that period.
1
[(33) Meter rent.--The Authority may charge meter rent for the meters provided by the Authority
at such rates as may be provided by regulations.]
(f) for the consumption and use at restaurants, or by inmates of hotels, boarding
houses, lodging-cum-boarding houses or residential clubs and for baths used by
such inmates ;
(g) for the consumption and use by persons resorting to theatres and cinemas ;
(h) for making or watering streets ;
(i) for washing vehicles where they are kept for sale or hire.
(38) Supply of water by the Authority.1[(1) The Authority shall on an application made to it
by the owner of any premises or by the occupier with the consent in writing of the owner
thereof, grant supply of water for domestic purposes on such terms and conditions as may be
provided by regulations.]
(2) The Authority may on application made in that behalf grant supply of water
for any purpose other than domestic purposes.
(3) The supply of water for domestic or other purposes shall be subject to such
terms and conditions as may be provided by regulations.
(4) Notwithstanding anything to the contrary contained in the regulations
referred to in sub-section (5), the Authority may supply water to the Government or any local
authority or other statutory corporation or to any educational or charitable institution on such
terms as to payment and as to the period and conditions of supply as may be agreed upon.
2
[(5) The ownership and control over the pipeline up to the meter point shall
vest with the Authority even though the cost of any connection or part thereof has been borne
by the applicant.]
3
[38A Water supply to flats and multi-storied buildings :- (1) Notwithstanding any thing
contained in this Act, and subject to sub section(2, the Authority may supply water through
Cisterns, tanks, sumps, and ground level reservoirs to multi-storied buildings and flat type
buildings, subject to terms and conditions as may be provided by regulations.
38B Control Over Water Supply Connections :- All water connections irrespective of
ownership shall be under the control of the Authority and shall be maintained properly and
altered or repaired only in such manner as may be provided by regulations.]
(39) Water supply for domestic purposes not to be used for non-domestic purpose.--No person
shall, except in such circumstances or subject to such conditions as may be provided by the
regulations, use or allow to be used water supplied for domestic purposes for any other purpose.
(40) Provision of public hydrants.-(1) The Authority shall, subject to the payment by a local
body, of such charges as the Authority may determine provide supply of wholesome water to
the public through the public hydrants within its local area
(7) No cleaning or washing of any animal, vehicle, cloth, utensils or any other materials
shall be done under or near any public hydrants.]
(8) Where any doubt or dispute between any local body and the Authority arises in
regard to any matter mentioned in sub-section (1) to (3)such doubt or dispute shall be referred
to the Government whose decision thereon shall be final and binding on the Authority and local
body concerned.
3
[(40A) Punishment for illegal use of public hydrants :- Any person who unlawfully draw off or
take or use water from a public hydrant shall be punishable with a fine extending to three
thousand rupees and with imprisonment for a term not exceeding one month or with both.
(41) Provisions of fire hydrants:-(1) The Authority may, at the request and expense of the owner
or occupier of any factory or any shop or commercial establishment provide and maintain fire
hydrants, together with all incidental work for the supply of water in case of fire in such factory,
shop or commercial establishment and in any such case charge from such owner or occupier the
cost of water supplied in connection therewith.
(9) The Executive Engineer after making such inquiry as he deems fit and giving the
Parties concerned a reasonable opportunity of being heard shall dispose off the complaint referred
to in sub-section (8) within in thirty days of the receipt of its date of receipt.
(10) Any persons aggrieved by the orders of the Executive Engineer under the fore-
going sub-section may appeal to the Superintending Engineer having jurisdiction over the area
and he shall dispose off the appeal after affording a reasonable opportunity go being heard to the
persons concerned. His decision thereon shall be final.]
1
[43A Offences by licensed plumbers:- Whoever, being a licensed plumber, contravenes sub-
Section (4) or sub-section (6) of section 43, shall be punishable with imprisonment for a term which
may extend to six months or with fine which may extend to ten thousand rupees or with both.]
(45) Power to cut off water supply.—(1) The Authority may cut off the water supply from any premises,-
(a) if any tax, fee, rental, cost of water or any charge or other sum due under this Act, is not paid
within a period of thirty days after service of a bill for the same ; or
(b) if after the receipt of written notice from the Authority requiring him to refrain from so
doing, the consumer continues to use the water or to permit the same to be used in contravention
of the provisions of this Act or any rule or regulations made thereunder ; or
(c) if the consumer damages or causes to be damaged the water meter or any connection pipe or
ferrule ; or
(d) if the consumer refuses to admit any officer or servant of the Authority duly authorised in
this behalf into the premises which he proposes to enter for the purpose of executing any work or
placing or removing any apparatus or of making any examination or enquiry in connection with the
water supply or prevents any such officer or servant from executing any work, or placing or removing
any apparatus or making such examination or enquiry ; or
(e) if the service pipe or any tap or other fitting or work connected therewith is found on examination
by an officer or servant of the Authority duly authorized in that behalf to be out of repair, to such an
extent as to cause wastage or contamination of water and immediate prevention thereof is necessary ; or
(a) willfully obstruct any person acting under the orders of the Authority in setting out the
lines of any work or pull up or remove any pillar, post or stay fixed in the ground for the purpose of setting
out the lines of such works, or deface or destroy any works made for the same purpose ; or
(b) willfully or negligently break, injure, turn on, open, close, shut off or otherwise, interfere
with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Authority; or
(c) unlawfully obstruct the flow of or flush, draw off or divert or take water from, any water
works belonging to the Authority or any water course by which any such water is supplied 2[with or
without any mechanical or other device] ; or
(d) obstruct any office or other employee of the Authority in the discharge of his duties under
this Chapter or refuse or willfully neglect to furnish him with the means necessary for the making of any
entry, inspection, examination or inquiry thereunder in relation to any water works; or
(e) bathe in, at or upon any water works, or wash or throw or cause to enter therein any
animal, or throw any rubbish, dirt or filth into any water works or wash or clean therein any cloth, wool
or leather or the skin of any animal, or cause water of any sink, or drain or any steam engine or boiler or
any polluted water to turn or be brought into any water works or do any other act whereby the water in
any water works is fouled or likely to be fouled.
(2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stop-cock
fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any
other consumer whose supply will be affected thereby.
3
[46A. Prohibition of construction of building etc, over land, pipes etc :- (1) No person shall without
permission of the Authority construct any private street, building, wall fence or other structure over any
land or pipes or mains belonging to the Authority.
(47) Right of owner or occupier to obtain sewer connection:--The owner or occupier of any
premises shall be entitled to empty sewage of the premises into a sewer of the Authority provided
that before doing so he –
(a) obtains written permission of the Authority and pays connection fees in
accordance with the regulations; and
(b) complies with such other conditions as may be provided by the regulations.
1
[Provided that nothing in this section shall entitle any person to discharge directly or
indirectly into any sewer of the Authority any trade effluent from any premises except in the manner
and subject to such conditions as may be provided by regulations.]
2
[47A. New premises not to be erected without drains:- (1) In area where sewers of the Authority are
available within a distance of fifty meters it shall not be lawful to construct or reconstruct any building
or other structure unless a drains is constructed of such size, materials, and descriptions at such level
and with such fall as may be provided by regulations.
(2) The drain so constructed shall be connected with the sewer of the Authority in
such manner and subject to such terms and conditions and payment of such fees as may be provided
by regulations.
47B. Work relating to sewer to be done by Licensed Plumber and as per specifications etc :-
(1) No person other than a licensed plumber or any person duly authorized by the
Authority shall execute any work relating to any domestic or non-domestic sewer of the Authority
and no person shall allow any such work to be executed by a person other than such a person.
(2) Every person who employs a licensed plumber to execute any such shall when
so required furnish the details of such work executed or to be executed, in such manner
(7) If any licensed plumber executes any such in contravention of the provisions of
this section or the regulations his license shall be suspended or cancelled irrespective of the fact
whether any criminal proceedings is taken against him or not.]
CHAPTER VII
Sewerage
(48) Power to require owner to have sewer connection.—Where any premises are, in the opinion of
the Authority without sufficient means of effectual disposal of sewage and the sewer of the Authority
is situated at a distance of not more than fifty metres from any part of the premises, the Authority
may, by written notice, require the owner of, the said premises to have sewer connection as provided
by the regulations.
(49) Prohibition of connection with sewer.--No person shall without the permission of the Authority
make or cause to be made any connection or communication with any sewer of the Authority.
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[49A Certain matters not to be passed into Authority sewers:- (1) No person shall throw, empty, or
turn into any Authority sewer or into any drain or sewer communicating with the Authority sewer,--
-
(a) any matter likely to damage the sewer or interfere with the free flow of its contents
or to affect prejudicially the treatment and disposal of its contents, or
(b) any chemical refuse or waste steam or harmful liquid provided in the regulation
as damaging the sewerage or causing nuisance or harmful to health.
(c) any dangerous petroleum
(d) any other liquids or other materials, the discharge of which is prohibited by
regulations.
Explanation:- In this section, the expression “dangerous petroleum” has the same
meaning as in the petroleum Act, 1934 (Central Act 30 of 1934)]
(3) If, the sewer or cess-pool so examined is found to be defective, the Authority
may forthwith stop its functioning or disconnect it from the sewer of the Authority, or require
the owner or occupier to take remedial action, as directed and within such time as may be
specified by the Authority and in any such event the Authority may recover the cost incurred
by it from the owner or occupier, as the case may be.
CHAPTER VIII
General Provisions
(53) Power of entry, survey, inspection, etc.—(1) Any Officer of the Authority authorised by it
in that behalf may with or without assistance of workmen enter into or upon any premises in
order--
(a) to make any inspection, survey, measurement or enquiry ;
(4) It shall be lawful for any officer authorized in this behalf by the Authority
to make any entry into any place to open or cause to be opened any door, gate or other
barrier,--
(a) If he considers the opening thereof necessary for the purpose of such
entry, and
(b) If the owner or occupier is absent, or being present refuses to open such
door, gate or barrier.
(5) Before making any entry into any such place or opening or causing to be
opened any such door, gate or other barrier under sub-section (4), the person
authorized in this behalf shall call upon two or more persons of the locality
in which the place to be entered into is situated to witness the entry or
opening and may issue an order in writing to them or any of them so to do.
(54) Power to disinfect tanks, pools, wells.-(1) Any officer authorized by the Authority in
that behalf may have any tank, pool or well cleaned or disinfected after notice to the owner
or occupier, if any, when it appears that such cleaning or disinfection is necessary to prevent
or check the spread of any dangerous disease.
(60) General penalty.— 1[(1) Whoever, in any case in which a penalty is not expressly
provided by this Act or any rule or regulations made thereunder, contravenes the provisions
of this Act or any rule or regulation made thereunder or fails to comply with any notice,
order or requisition issued under this Act or any rule or regulation made there under shall
be punishable with fine which may extend to 2[three thousand rupees] and in the case of a
continuing failure or contravention, with an additional fine which may extend to 3[one
hundred rupees] for every day on which such contravention or failure continues after the
first conviction.]
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[(2) All fines imposed under this Act or any rule or regulation made thereunder
shall on realization be credited to the fund of the Authority.]
(61) Offences by Companies:-(1) If the person committing any offence under this Act is a
company, as well as every person in charge of and responsible to the company for the
conduct of its business at the time of the commission of the offence shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without his
knowledge, or that he exercised all the diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1) where any offence
under this Act, has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or that the commission of the offence is
attributable to any neglect on the part of any Director, Manager, Secretary or other officer
of the Company, such Director, Manager, Secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purpose of this section—
(a) 'company' means any body corporate and includes a firm or other
association of individuals ; and
(b) 'director' in relation to a firm, means partner in the firm.
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[61A. Cognizance of offences:- No court shall take cognizance of an offence
punishable under this Act except upon a complaint in writing made by the
Authority or an officer not below the rank of an Assistant Executive Engineer
authorized by the Authority.]
1. Renumbered by Act 8 of 2009.
2. Substituted by Act 8 of 2009.
3. Substituted by Act 8 of 2009.
4. Inserted by Act 8 of 2009.
(62) Composition of Offences.-- The Managing Director or any other officer of the
Authority authorized by it by general or special order in that behalf may either before or
after institution of the proceedings, compound any offence punishable under this Act on
such terms including payment of such composition fee as he may think fit.
(63) Duties of Police officers and employees of local bodies.--\t shall be the duty of all
police officers and of employees of the local body within whose local area any offence
punishable under this Act is committed or attempted to be committed to give immediate
information to the Authority or to any officer of the Authority authorised in that behalf, of
the commission of, or of the attempt to commit such offence, as the case may be and to
assist the officer of the Authority in the exercise of their authority under this Act.
CHAPTER X
Rules, Regulations and Bye - Laws
(64) Power to make rule.—(1) The Government may, by notification in the Gazette, make
rules for carrying out the purposes of this Act
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules, may provide for all or any of the following matters, namely :--
(a) the salaries and allowances and other conditions of service of officers and
employees of the Authority other than such officers and employees employed
on contract basis.
(b) the manner of operation of funds by the Authority under subsection (4) of
Section 22 ;
(c) the manner of making provision for Depreciation Reserve and for its
utilisation ;
(d) the powers of the Auditor under sub-section (2) of Section 29;
(e) the manner in which the accounts of the Authority shall be published;
(f) the procedure in respect of surcharge under Section 30 including the
provision of appeal, if any, in respect thereof;
(g) the extent of contribution and manner of making such contributions by
local bodies under Section 40 ;
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[(ga) the form and manner in which an appeal to the Superintending Engineer
is to be preferred under sub-section (1) of section 46E and the fee for such
appeal.]
(h) any other matter which is to be or may be prescribed.
(65) Regulations.-( 1) The Authority may, with the previous approval of the Government make
regulations not inconsistent with this Act and the rules made thereunder, for the administration of
the affairs of the Authority.
(2) In particular and without prejudice to the generality of the foregoing power,
such regulations may provide for all or any of the following matters, namely :--
(a) the summoning and holding of meetings of the Authority, the time and place
where such meetings are to be held, the conduct of business at such meetings and
the number of persons necessary to form a quorum there at ;
(b) the powers and duties of the employees of the Authority ;
(c) the management of property of the Authority ;
(d) the execution of contracts and assurance of property on behalf of the
Authority ;
(e) the limits upto which the Managing Director shall be competent to incur
recurring or non-recurring expenditure in the financial year without such
expenditure being included in the statement under sub-section (1) of section 28 ;
(f) the maintenance of accounts and the preparation of accounts, statement of
accounts and balance sheet by the Authority ;
(g) the procedure for carrying out the functions of the Authority;
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[(ga) the manner in which the Authority shall manufacture, market and sell
packaged drinking water, mineral water etc and goods and articles relating to
water supply and sewerage.]
(h) the terms and conditions for supply of water for domestic and other purposes
:
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[(ha) the terms and conditions subject to which the water supply is to be provided
to multistoried buildings and flats.
(hb) the manner in which all water connections shall be maintained, altered, or
repaired.]
Provided that in respect of local bodies, this section shall have effect from the date
referred to in sub-section (1) of section 18.
(67) Exclusion of Powers of local bodies under certain enactments.-- Except as provided in
section 66, on and from the day on which the Authority is constituted, and in respect of local
bodies, on and from the date referred to in sub-section (1) of section 18,--
(a) any city constituted under the Kerala Municipal Corporations Act, 1960 (14
0f 1961) ;
(b) any Municipality constituted under the Kerala Municipalities Act, 1960 (14
0f 1961) ;
(c) Guruvayoor Township constituted under the Guruvayoor Township Act,
1961 (43 of 1961) ;
(d) Any Panchayat constituted under the Kerala Panchayats Act, 1960 (32 0f
1960).
Shall have the powers, duties and functions under the said enactments as if the powers, duties and
functions assigned by this Act to the Authority including the power to hold any property for
purposes of the said duties and functions were excluded from the powers, duties and functions of
the corporation, the municipal council , the township committee or the panchayat as the case may
be .
(68) Amendment of Act 15 of 1971:--With effect from the date on which this Act comes into force
either in part or in full, the Kerala State Rural Development Board Act, 1971 (15 of 1971, shall
have effect subject to the following amendments, namely :--
(i) in section 7, in sub-section (1), the brackets, letters and words ”(a) water supply
schemes” and ”(b) sewerage schemes” shall be omitted ; and
(ii) in section 8, in the Explanations, the words ”the Public Health Engineering
Department shall be the Engineering Departments of the Government in respect of water
supply and sewerage schemes and” shall be omitted.
(69) Amendment of Act 19 of 1970.--With effect from the date of publication of this Act
in the Gazette, the Kerala Public Service Commission (Additional functions as respects
certain Corporations and Companies) Act, 1970 (19 of 1970) shall have effect subject to
the following amendment, namely :--
in clause (a) of section 2, the words and figures” or the Kerala Water Authority”
established under section 3 of the Kerala Water Supply and Sewerage Act, 1986;” shall
be added at the end.
(70) Removal of difficulties.—(1) The State Government may, for the purpose of removing any
difficulty, particularly in relation to the transition from the provisions of the enactments
referred to in section 67 to the provisions of this Act by order. Direct that the said enactments
shall, during such period as may be specified in the order, have effect subject to such
adaptations, whether by way of modification, addition or omission not affecting the substance,
as it may deem to be necessary or expedient.
(2) Every order made under sub-section (1) shall be laid before the State Legislature.
(71) Repeal and Saving.—(1) The Kerala Water and Waste Water Ordinance, 1986 (27 Of
1986), is hereby repealed.
(i) The Kerala Water Supply and Sewerage (Amendment) Ordinance, 2008 (30 Of
2008), is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been done or any
action taken or deemed to have been taken under the said Ordinance shall be deemed to have
been done or taken under this Act.
(i) Notwithstanding such repeal, anything done or deemed to have been done or any
action taken or deemed to have been taken under the principal Act, as amended by this
Ordinance shall be deemed to have been done or taken under the principal Act, as amended by
this Act.