The Kerala Water Supply and Sewerage Act 1986-1

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THE KERALA WATER SUPPLY AND SEWERAGE ACT, 1986

(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

1. Short title, extent and commencement.-


(1) This Act may be called the Kerala Water Supply and Sewerage Act, 1986.
(2) It extends the whole of the State of Kerala.

(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 ;
1
[(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 ;
2
[(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;-

1. Inserted by Act 8 of 2009.


2. Inserted by Act 8 of 2009.
(a) any person for the time being paying or liable to pay rent or any
portion thereof to the owner in respect of those premises ;
(b) the owner who is in occupation of the premises ;
(c) a tenant of the premises who is exempt from payment of rent ;
(d) a licensee who is in occupation of the premises ; and
(e) any person who is liable to pay damages to the owner in respect
of use and occupation of the premises ;
(xvii) "owner", in relation to any premises, means the person who receives
the rent of that premises or who would be entitled to receive the rent
thereof if the premises were let, and includes,--
(a) an agent or trustee who receives such rent on account of the owner;
(b) an agent or trustee who receives the rent of, or is entrusted with the
management of, any premises devoted to religious or charitable purposes ;
(c) a receiver or manager appointed by any court of competent jurisdiction
to have the charge of, or to exercise the rights of an owner of the said
premises; and
(d) a mortgage in possession ;
(xviii) "Premises" means any land or building and includes--
(a) the garden, land and outhouses, if any, appertaining to a building or part
of a building; and
(b) any fittings affixed to a building or part of a building for more
beneficial enjoyment thereof;
(xix) "Prescribed" means prescribed by rules made under this Act ;
(xx) "Private street" means any street, road, square, court, alley, passage
or riding-path which is not a "public street", but does not include a
pathway made by the owner of premises on his own land to secure
access to or the convenient use of such premises ;
(xxi) "public hydrant" means hydrant meant for supply of water to the
public within a local area ;
(xxii) "public street” means any street, road, square, court, alley, passage
or riding-path over which the public have a right of way, whether a
thorough fare or not, and includes--
(a) the roadway over any public bridge or causeway ;
(b) the foot-way attached to any such street, public bridge or causeway ;
and
(c) the drains attached to any such street, public bridge or causeway and
the land, whether covered or not by any pavement, veranda, or other
structure, which lies on either side of the roadway up to the boundaries of
the adjacent property, whether that property is private property or property
belonging to the Government ;
(xxiii) "regulations" means regulations made by the Authority under this
Act ;
(xxiv) "rules" means rules made under this Act ;
(xxv) "service pipe" means any pipe other than the connection pipe
beyond the stop-cock by means of which the water is supplied to
any premises ;
(xxvi) "sewage" means night-soil and other contents of a water closets,
latrines, privies, urinals, cess-pools or drains and polluted water
from sinks, bath-rooms, stables and other like places and includes
trade effluents;
(xxvii) "sewer" means a closed conduit for carrying sewage, offensive
matter, polluted water, waste water or subsoil water ;
(xxviii)"sewerage" means a system of collection of waste water from a
community from its houses, institutions, industry and public places,
the pumbing, treatment and disposal of such waste water, its
effluent, sludge, gas and other end products ;
(xxix) "State" means the State of Kerala ;
(xxx) "stop-cock" means a stop-cock fitted at the end of a connection pipe
away from the main for the purpose of switching off and regulating
the water supply to any premises ;
(xxxi) "street" means a private street or a public street;
(xxxii) "trade effluent" means any liquid either with or without particles of
matters in suspension therein, which is wholly or in
part produced or discharged in the course of any trade or industry, including
agriculture and horticulture but does not include domestic sewage ;
(xxxiii)"waste water” shall include domestic sewage, spent water and all waste
water let out from any industries or by any other source ;
(xxxiv) "water connection" includes--
(a) a tank, cistern, hydrant, stand-pipe, meter or tap, situated on any private
property and connected with a main or other pipe belonging to the Authority ;
(b) the water pipe connecting such a tank, cistern, hydrant, stand-pipe, meter or
tap with such main or pipe ;
(xxxv) "water supply" means a system of providing water to a community for
meeting its requirements both domestic and nondomestic, but does not
include providing water for irrigation purposes ;
(xxxvi) "water works" includes water channel (including stream, lake, spring,
river or canal, well, pump, galleries, reservoir, cistern, tank), duct
whether covered or open, treatment units, sluice supply main, culvert,
engine, water-truck, hydrants, standpipe, conduit and machinery, land,
building or other things for supplying or used for supplying water or for
protecting sources of water supply or for treatment of water and 1[units
for manufacturing, marketing, and storing of packaged drinking water,
mineral water, and aerated water or any other processed water or of
goods or articles necessary for the water supply.]
CHAPTER II

Establishment, Conduct of Business, Functions And Powers of the


Authority
3. Establishment of Kerala Water Authority.—
(1) The Government shall, by notification in the Gazette and with effect from
such date as may be specified therein, establish an autonomous authority to be
called the Kerala Water Authority.
(2) The Authority shall be a body corporate by the name aforesaid having
perpectual succession and a common seal, with power to acquire, hold and
dispose of property, both movable and immovable, and to contract and shall by
the said name sue and be sued.

1. Inserted by Act 8 of 2009.


(3) The Authority shall for all purposes be deemed to be a Local Authority.
(4) The Authority shall have its head office at Thiruvananthapuram and may
have offices at such other places as it may consider necessary.
4. Constitution of the Authority.--The Authority shall consist of the following
members, namely:--
(a) a Chairman appointed by the Government ;
(b) a Managing Director, who possesses experience in management and
administration or who is qualified Engineer not below the rank of a Chief
Engineer having sufficient experience in management and administration in
water supply and sewerage works, appointed by the Government :
Provided that no person who is more than fifty five years of age shall be
appointed as Managing Director ;
(c) the Secretary to the Government in charge of 1
[Water Resources
Department, exofficio];
(d) the Finance Secretary to Government, ex-officio ;
(e) the Secretary to the Government in charge of 2[Local self Government
Department, ex-officio] ;
(f) the Secretary to Government in charge of Development Department, ex-
officio ;
(g) two members representing the local bodies in the State, appointed by the
Government :
Provided that if for any reason there are no elected members in office in any of
the local bodies in the state, the Government may appoint a person who had
been a member of any such local body ;
2
[(h) two members appointed by the Government, one of whom shall be a
member belonging to a Scheduled Caste or Scheduled Tribe;" a technical
member, who shall be a qualified Public Health Engineer not below the rank of
a Chief Engineer, appointed by the Government.]
3
[(j) An Accounts Member, who shall be a qualified Chartered Accountant
having a minimum of fifteen years of experience in responsible position in a
reputed commercial organization or public sector undertaking or who shall be a
member of the Accounts Service of the Central Government, appointed by the
Government.]

1. Inserted by Act 8 of 2009.


2. Inserted by Act 8 of 2009.
3. Substituted by Act 6 of 1993.
4. Inserted by Act 6 of 1993.
5. Disqualification for being a member.--A person shall be disqualified for being
chosen as, and for being a member if he--
(a) has been convicted of an offence involving moral turpitude ;
(b) is in undischarged insolvent ;
(c) is of unsound mind and stands so declared by a competent court ;
(d) holds, except as provided in Sections 6 and 7, any office of profit under the
Authority ;
(e) has directly or indirectly by himself or by any partner, employer or
employee, any share or interest, whether pecuniary or of any other nature, in
any contract or employment with, by or on behalf of the authority ;
(f) absents himself without excuse, sufficient in the opinion of the Authority,
from three consecutive meetings of the Authority.
6. Term of office of Chairman, Managing Director and non-official member.—
(1) The Chairman, the Managing Director and the member referred to in clause
(g), clause (h), 1[clause (i) or clause (j)] of section 4 shall hold office for a period
of three years. Unless their term is terminated earlier by the Government by
notification in the Gazette, and shall be eligible for reappointment:
Provided that an elected member in office in any of the local bodies appointed
under clause (g) of section 4, shall cease to be a member of the Authority, when
he ceases to be member in office of such local body.
(2) The Chairman, the Managing Director and the members referred to in sub-
section (1) shall hold office on such terms and conditions as the Government
may, by order, specify.
(3) The members including the Managing Director shall be entitled to such
travelling and daily allowances as may be prescribed.
(4) The Managing Director or the members referred to in subsection (1) may
resign his office by writing under his signature addressed to the Chairman and
on such resignation being accepted by the Authority and approved by the
Government he shall be deemed to have vacated his office.

1. Substituted by Act 6 of 1993.


7. Remuneration of the Chairman, the Managing Director and the Technical
Member.--The Chairman, the Managing Director and the 1[Technical Member and the
Accounts Member] shall be paid from the Authority's fund such remuneration as may be
fixed by the Government from time to time.
8. Appointment of officers and staff.—
(1) Subject to the provisions of sub-section (2), the Authority may appoint for
the purpose of enabling it to carry out its powers, duties and functions under this
Act, a Secretary and such other officers and staff as may be required against posts
duly sanctioned by it:
Provided that the Authority shall obtain the previous approval of the Government
for the creation of post above the rank of the Executive Engineer.
(2) The Authority may, with the previous approval of the Government, appoint
on deputation a servant of the Central Government or the State Government as
an employee of the Authority on such terms and conditions as it thinks fit.
(3) Except as provided in this section, the appointment and conditions of service
of the officers and employees of the Authority shall be governed by rules made
by the Government from time to time.
9. Supervision and control of employees.--Subject to the Superintendence of the
Authority, the Managing Director shall be the chief executive and shall have the general
control and direction over all the employees of the Authority.
10. Authentication of orders and other instruments of the Authority.—
(1) All proceedings of the Authority shall be authenticated by the signature of
the Chairman and all orders and other instruments of the Authority shall be
authenticated by the signature of such officer of the Authority as may be
authorised in this behalf by regulations.
(2) The Authority may invite any person to attend a meeting of the Authority for
the purpose of assisting or advising it on any matter and the persons so invited
may take part in the proceedings of the Authority, but shall have no right to vote.
11. Delegation of powers.--Subject to the provisions of this Act, the Authority may, by
general or special order, delegate either

1. Substituted by Act 6 of 1993.


unconditionally or subject to such conditions as may be specified in the order, to
any sub-committee appointed by it or to the Chairman, or the Managing Director
or any other officer or committee of officers of the Authority such of its powers and
duties under this Act as it deems fit, not being its powers and duties under section
25, 28, 29 and 65.
12. Disqualification for participation in the proceedings of the Authority on
account of interest.--The Chairman or any other member of the Authority or of a
sub-committee appointed by the Authority who has acted professionally, in relation
to any matter on behalf of any person having any share or interest whether pecuniary
or of any other nature in any contract or employment with, by or on behalf of the
Authority, or any other personal interest in any area in which it is proposed to
acquire land for any of the purposes of this Act, shall not vote or take part in any
proceedings (including any discussion on any resolution or question) of the
Authority or of any sub-committee thereof relating to such matter.
13. Acts not to be invalidated by irregularity, vacancy, etc.--No act done or
proceeding taken under this Act by the Authority or a subcommittee appointed by
the Authority shall be invalidated merely on the ground of--
(a) any vacancy in, or defect in the constitution of the Authority or any sub-
committee thereof, or ;
(b) any defect or irregularity in the appointment of a person acting as a
member thereof, or ;
(c) any defect or irregularity in such act of proceeding not affecting the
merits of the case.
14. Functions of the Authority.--The Authority shall perform all or any of the
folowing functions, namely:--
(i) preparation, execution, promotion, operation, maintenance and
financing of the schemes for the supply of water and for the disposal of
waste water ;
(ii) rendering all necessary services in regard to water supply and collection
and disposal of waste water to the Government and on request to private the
private institutions or individuals ;
(iii) Preparation of State plans for water supply and collection and disposal
of waste water on the directions of the Government ;
(iv) fixation and revision of tariffs, taxes and charges of water supply and maintenance
service in the areas covered by the water supply and waste water systems of the Authority
;
(v) establishment of State standards for water supply and waste water services ;
(vi) all functions, not stated herein which were being performed by the Public Health
Engineering Department of the Government before the commencement of this Act ;
(vii) assessment of the requirements for manpower and training in relation to water
supply and sewerage services in the State ;
(viii) carrying out applied research for the efficient discharge of the functions of the
Authority ;
(ix) making provision for the supply of wholesome water and efficient sewerage
services to the people in the State ;
(x) taking such other measures as may be necessary to ensure water supply in times
of emergency ; 1[******]
2
[(xa) making provision for manufacturing and marketing of packaged drinking water,
mineral water, aerated water, or any other processed water and of goods or articles
necessary for water supply and sewerage.
(xb) any other matter supplemental, incidental, or consequential to any of the above
functions of the Authority, and ]
(xi) such other functions as may be entrusted to the Authority by the Government by
notification in the Gazette
15. Powers of the Authority.—
(1) The Authority shall, subject to the provisions of this Act, have power to do anything
which may be necessary or expedient for carrying out its functions under this Act.
(2) without prejudice to the generality of the foregoing provisions, such power shall
include the power--
(i) to obtain such periodic of specific information from any local body as it may deem
necessary ;
(ii) to prepare and carry out schemes for water supply and sewerage and to exercise all
powers and perform all functions relating thereto :
Provided that the power of sanctioning schemes costing more than 3[rupees five crore]
shall be exercised only with the previous approval of the Government ;
(iii) to lay down the schedule of fees for all services rendered by the Authority to the
Government, local bodies, institutions or

1. Omitted by Act 8 of 2009.


2. Inserted by Act 8 of 2009.
3. Substituted by Act 45 of 2005.
individuals, to fix or amend tariffs and charges for water supply and sewerage
services and collect all such fees and charges for these services as may be prescribed
:
Provided that any revision of tariffs and charges for water supply and sewerage
services shall be made only with the previous approval of the Government ;
(iv) to enter into contract or agreement with any person, firm or institution as the
Authority may deem necessary, for performing its functions under this Act :
Provided that any contract or agreement involving more than 1[rupees five crore]
shall be entered into by the Authority only with the previous approval of the
Government ;
(v) to adopt its on budget annually subject to the previous approval of the
Government ;
(vi) to abstract water for drinking purpose from any natural source and with the
permission of the Government for other purposes and dispose of waste water ;
(vii) to borrow money, issue debentures, to obtain subventions, capital contributions,
loans and grants, in incur expenditure and manage its own funds ;
(viii) to grant loans and advances to such persons or authorities as the Authority may
deem necessary for performing the functions under this Act;
2
[(viiia) to invest funds, with the previous approval of the Government in any public
sector undertakings or public sector companies that are involved in the production of
goods or articles utilized for the functions of the Authority.]
(ix) to acquire, possess and hold lands and other property and to carry any water or
sewerage works through, across, over or under any highway, road, street or place and,
after reasonable notice in writing to the owner or occupier, into, through, over or
under any building or land ;
(x) to accept gifts in kind and in cash with the previous approval of the Government.
3
[15A Manufacture and Marketing of packaged drinking water, Mineral water etc -
Notwithstanding anything contained in any other provisions of this Act, the Authority
shall have the power to manufacture, market and sell packed water, mineral water,
aerated water, or any other processed water and of goods or articles necessary for the
water supply and sewerage in such manner as may be provided by regulations.]

1. Substituted by Act 45 of 2005.


2. Inserted by Act 8 of 2009.
3. Inserted by Act 8 of 2009.
CHAPTER III

Vesting of properties, Assets Liabilities and Obligations and Transfer of Employees

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.

1
[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".
2
[(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.]

1. Inserted by Act 6 of 1993.


2. Inserted by Act 16 of 2000.
1
[18B. Power of Authority to transfer water supply and sewerage services to local bodies.-
(1) Notwithstanding anything contained in this act, the Authority.-
(a) shall transfer any water supply scheme or sewerage service covering the area of a
single village panchayat; and

(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.

1. Inserted by Act 16 of 2000.


(2) The sums standing in the credit of the employees referred to in sub-section (1) in any
pension, provident fund, gratuity or other like funds constituted for them shall be transferred
by the Government to the Authority along with any accumulated interest due till the
appointed day and with the accounts relating to such funds and the Authority shall to the
exclusion of the Government, 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.

(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.

(2) Notwithstanding anything contained in sub-section (1) but subject to any


express agreement to the contrary, any employee referred to therein other than a workman
as defined in the Industrial Disputes Act, 1947 (Central Act 14 of 1947), who becomes an
employee of the Authority shall be liable for transfer from any establishment or undertaking
in which he was employed immediately before the said date to any other establishment or
undertaking belonging to the Authority at the same remuneration and on the same terms
and conditions as were applicable to them immediately before such transfer.

(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.

(5) 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.
(6) Every permanent or temporary employee of a local body becoming an
employee of the Authority under sub-section (1), shall, on and from the said date, 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 from the said date.

(7) Nothing in any rule, regulations or order applicable to employees of the


local bodies in relation to retrenchment or abolition of posts shall apply to any employee
referred to in subsection (1).

(8) Notwithstanding anything contained in the foregoing 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 local
body.
CHAPTER IV
Property, Contract, Finance, Accounts and Audit
(21) Execution and registration of contracts etc.--Every contract for assurance of property
on behalf of the Authority shall be in writing and executed by such officer and in such
manner as may be provided by the regulations.

(22) Funds of Authority.—


(1) The Authority shall have its own fund to be called the "Kerala Water
Authority Fund" which shall be deemed to be a local fund and to which shall
be credited all moneys received otherwise than by way of loans by or on
behalf of the Authority.
(2) The Authority shall also have another fund to be called the "Kerala
Water Authority's Loan Fund" which shall also be deemed to be a local fund
and to which shall be credited all moneys received by or on behalf of the
Authority by way of loans.
(3) Without prejudice to the provisions of sub-sections (1) and (2), the
Authority may, with the previous approval of the Government, constitute
such other funds as may be necessary for the efficient performance of its
functions under this Act.
(4) All moneys specified in the foregoing provisions and forming part of the funds of the Authority
shall be deposited under such detailed Heads of Accounts as may be prescribed--
(a) into the Public Account of the Government; or
(b) in the State Bank of India constituted under the State Bank of India Act,1955
(Central Act 23 of 1955); or
(c) in a subsidiary Bank as defined in section 2 of the State Bank of India
(Subsidiary Banks) Act, 1959 (Central Act 38 of 1959); or
(d) 1[In any Scheduled Bank as defined in the Reserve Bank of India, Act, 1934
(Central Act 2 of 1934) or in any Co-operative Bank] or Nationalized Bank
coming within the scope of the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (Central Act 5 of 1970) or the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1980 (Central Act 40 of 1980);

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.

1. Substituted by Act 6 of 1993.


(2) Without prejudice to the provisions of sub-section (1), the Authority may,
from time to time, with the previous sanction of the Government and subject to the provisions
of this Act and to such conditions as the Government may, by general or special order,
determined, borrow any sum required for the purposes of this Act whether, by the issue of
bonds or stock or otherwise or by making arrangements with Banks or other bodies or
institutions approved by the Government in that behalf.

(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.]

1. Substituted by Act 8 of 2009.


(34) Security deposit.—The Authority may demand such sum as Security from any consumer in
connection with the Supply of water or for sewer connection as provided in the regulations:
Provided that the Authority shall pay interest at such rates as the Government may from
time to time determine on any sum so deposited with the Authority.
(35) Fees.-- The Authority may charge such fees for connection, disconnection and re-
connection of any water supply or sewer for testing or supervision or for any other service
rendered or work executed or supervised as may be provided in the regulations.
(36) Recovery of taxes, fees and other sums due.—(1) Any sum due to the Authority on account
of any tax, fee, cost of water, cost of collection and disposal of waste water, meter rent, penalty,
damage or surcharge under this Act shall be recoverable as arrears of land revenue.
(2) Nothing in sub-section (1) shall affect the power of the Authority to cut off in
accordance with the regulations the connection of water supply in the event of non-payment by
the consumer of any dues referred to in that sub-section.
CHAPTER VI
Water Supply
(37) Definition of supply of water for domestic purposes.--The supply of water for domestic
purposes under this Act means supply of water for any purpose except the following, namely:--
(a) for any commerce or trade, manufacture or business;
(b) for gardens or for purposes of irrigation ;
Explanation.-- In respect of premises used solely for residential purposes and
having attached kitchen and domestic gardens, such domestic gardens shall not
be treated as gardens for the purpose of this clause.
(c) for building purposes ;
(d) for fountains, swimming bath, public bath, or tanks or for any ornamental or
mechanical purposes ;
(e) for animals where they are kept for sale or hire or for the sale of their
produce or any preparation therefrom ;

(f) for the consumption and use 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.

(2) The supply of water referred to in sub-section(1) shall not be made


from a distribution main having diameter 150mm or less.

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

1. Substituted by Act 8 of 2009.


2. Inserted by Act 8 of 2009.
3. Inserted by Act 8 of 2009.
(2) The Authority may, at the request of the local body and shall, if Government so
directs, subject to payment of such contribution towards its cost in such manner as may be
prescribed, provide and maintain within the local area public hydrants together with all
incidental works for the supply of water at such places as may be considered necessary by the
local body.
(3) The local body shall pay to the Authority quarterly such sum as may be fixed by the
Authority, towards the cost of water supplied by it through the public hydrants within its local
area on the basis of expected consumption of water and in accordance with such principle as
may be prescribed.
1[(4) For schemes operated by the Authority, necessary tariff for street taps may be
collected from the local bodies at the rate fixed by the Government. Government may deduct
the tariffs from grants due to the local bodies. Where any doubt or dispute arises between the
local body and the Authority in regard to the assessment of the tariff such doubt or dispute shall
be referred to an appellate authority prescribed by the Government and its decision thereon shall
be final]
2
[(5) The water from any public hydrant shall not be used for any non domestic purpose.

(6) No external instruments or pipes or hose or other devices shall be connected to


public hydrants for taping water.

(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.

1. Inserted by Act 16 of 2000.


2. Inserted by Act 8 of 2009.
3. Inserted by Act 8 of 2009.
(2) The Authority shall provide and maintain fire hydrants together with all
incidental works for the supply of water in case of fire at such other places as may be considered
necessary by a joint committee of the officers of the Authority and the Fire Services Department
of the Government and supply water in connection therewith.
(42) Provision of water meters:-1[(1) The consumer shall provide a water meter and attach the
same to the service pipes in his premises connected with the water works of the Authority after
obtaining approval from the Authority.
(2) The consumer shall repair or replace water meters installed in his premises, at
his own cost whenever required to do so by the Authority.
(3) Not withstanding anything contained in sub-section (1), the Authority shall have
the power to install its own water meters to any connection wherever the Authority deems fit.]
2
[(4) The provisions of water meters and the transfer of connection thereto, the use,
maintenance, and testing of such meters and the expense of installation thereof and their rents
and the furnishing of security, if any, in connection therewith shall be regulated by regulations.]
3
[(42A) Presumption as to correctness of meters :- Whenever water is supplied under this Act
through a meter, it shall be presumed that the quantity indicated by the meter has bee consumed,
until the contrary is proved.]
(43) 4[Works relating to water connection to be done by licensed plumbers and as per
specifications etc-: (1) No person other than plumber licensed by the Authority or person duly
authorized by it shall execute any work relating to a water connection, not being a work of a
trivial nature and no person shall permit 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 work shall
when so required furnish the details of the work executed or to be executed in the manner such
as may be provided by regulations.
(3) No licensed plumber shall contravene any of the specifications or standards
relating to execution of such works provided in the Regulations or specified by the Authority
or execute such works using sub-standard materials, appliance, or fittings.
(4) Where any such work is executed in contravention of the sub sections (1),(2),
and (3), such connection is liable to be refused or disconnected.
(5) The Authority, may from time to time, fix the charges to be paid to the licensed
plumbers for each such kind of work through regulations.
(6) No licensed plumber shall, demand or receive charge for any such work in
excess of the rate fixed by the Authority under sub-section (5).
(7) In any licensed plumber executes nay such works in contravention to 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.
1. Substituted by Act 8 of 2009.
2. Inserted by Act 8 of 2009.
3. Inserted by Act 8 of 2009.
4. Substituted by Act 8 of 2009.
(8) Complaint against any licensed plumber of the Authority, regarding violation
of the provisions of this act, shall be filed before the Executive Engineer, within thirty days,
from the date of notice of the violation.

(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.]

(44) Prohibition of wastage of water.—(1) No owner or occupier of any premises to which


water is supplied by the Authority shall cause or suffer any water to be wasted or cause or
suffer the service pipe or any tap of other fitting or work connected therewith to remain out of repair
so as to cause wastage of water.
(2) Whenever the Authority has reason to believe that as a result of defect in a service pipe
or tap or other fitting or work connected therewith water is being wasted, the Authority may, by
written notice require the consumer to repair and make good the defect within such time as may be
specified in the notice.
(3) If such repair is not carried out within the time specified, the Authority may without
prejudice to any action against the consumer under any other provision of this Act cause such repair
to be made, and the cost of such repairs shall be realized from the consumer.

(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

1. Inserted by Act 8 of 2009.


(f) if the consumer causes or allows to be caused the service pipe or any tap or other fitting
or work connected therewith to be piped, removed, repaired or otherwise interfered with, in contravention
of the provisions of this Act or of the rules or regulations made thereunder ; or
(g) if by reason of leakage in the service pipe or any tap or other fitting or work, damage is
caused to a public street and immediate prevention thereof is necessary.
(2) No action taken under or in pursuance of this section shall relieve a person from any penalty
or liability which he may otherwise have incurred.
(3) The Authority may re-connect the supply of water disconnected under sub-section (1) on
payment of such charges and on such terms and conditions as may be provided by regulations.
1
[45A. Non-liability of the Authority to pay penalty or damages :- The Authority shall not be liable in
any way for any loss or damage or sufferings caused to any person by the cutting of the supply of water
due to drought or accidents or works relating to re-laying or repairing of any water works or unavoidable
causes.]
(46) Prohibitions of certain acts.—(1) No person shall--

(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.

1. Inserted by Act 8 of 2009.


2. Inserted by Act 8 of 2009.
3. Inserted by Act 8 of 2009.
(2) If any private street is constructed or any building, wall , fence, or other
structure is erected on any land or pipes or mains belonging to the Authority, the Authority may
remove or cause to remove the same as may be provided in the regulations.
(3) The expenses incurred by the Authority in so doing shall be paid by the
owner of the private street or of the building, fence, wall, or other structure as the case may be,
by the person offending and shall be recoverable as arrears of land revenue.
46B. Punishment for taping or making illegal connections :- Whoever, with intent to draw water,
taps or makes, or causes to be made any connections with the mains or service pipes of the
Authority without obtaining prior permission of the Authority shall be punishable,---
(i) on the first conviction with fine which may extend to ten thousand rupees and
in the event of second or subsequent conviction, imprisonment for a term not exceeding six
months and with fine which may extend to twenty-five thousand rupees, if the water is intended
to be used for domestic purpose.
(ii) on the first conviction with fine which may extend to fifty thousand rupees
and in the event of second or subsequent conviction, imprisonment for a term not exceeding two
years and with fine which may extend to one lakh rupees, if the water is intended to be used for
non-domestic purpose.
46C. Punishment for certain other illegal activities:- Whoever, being a consumer, with an
intention to get unlawful gain, damages or tampers a water meter, or uses any device or method
which interferes with the accurate and proper metering of the water supply shall be punishable,-
(i) on the first conviction with fine which may extend to ten thousand rupees and
in the event of second or subsequent conviction, with imprisonment for a term not exceeding six
months and with fine which may extend to twenty-five thousand rupees, if he is a domestic
consumer.
(ii) on the first conviction with fine which may extend to fifty thousand rupees
and in the event of second or subsequent conviction, with imprisonment for a term not exceeding
two years and with fine which may extend to one lakh rupees, if he is a non-domestic consumer.
46D. Assessment of water charges in case of unauthorized use:- (1) If on inspection of any place
or premises or water meters or any other devices, or any record maintained by any person, the
authorized officer of the Authority comes to the conclusion that any consumer is indulging in
unauthorized use of water, he shall, not withstanding any criminal proceedings that may be taken
against the consumer, provisionally assess to the best of his judgement the water charges payable
on account of such unauthorized use of water.
(2) The order of provisional assessment shall be served to the consumer in such
manner as may be provided by Regulations.
(3) The consumer to whom a notice has been served under sub-section(2) shall
be entitled to file objection, if any, against the provisional assessment before the authorized
officer of the Authority who may, after affording a reasonable opportunity of hearing to such
consumer, pass a final order of assessment of the water charges payable by such consumer.
(4) Any consumer served with the order of provisional assessment may accept
such assessment and deposit the assessed amount with the officer designated for the purpose
within seven days of service of such provisional assessment order upon him.
(5) If the assessing officer arrives at the conclusion that unauthorized use or theft
of water has taken place, it shall be presumed that the unauthorized use has been continuing
since the date of starting of the construction, in case the unauthorized use is for construction purpose
or from a date which the assessing officer finds that the unauthorized use has been continuing in case
the unauthorized use is for other purpose.
(6) The assessment shall be based on the plinth area of the building, in case of the
unauthorized use for construction purpose or based on the number of inhabitants, in case of domestic
purpose or based on the probable quantity in case of other purposes.
(7) The water charges under this section shall be assessed in accordance with the
guidelines as may be provided by regulations.
46E. Appeals and Appellate Authority :- (1) Any person aggrieved by the final order passed under
section 46D, may within thirty days of the said order, prefer an appeal to the Superintending Engineer
of the Authority having jurisdiction over the area, in such form and in such manner and accompanied
by such fee as may be provided by the regulations.
(2) No appeal under sub-section (1) shall be entertained unless an amount equal to
one-third of the assessed amount is deposited within the period prescribed for the purpose.
(3) The Appellate Authority referred to in sub-section (1) shall dispose off the appeal
within thirty days after hearing the parties.
(4) The order of the Appellate Authority passed under sub-section (3) shall be final.]

(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

1. Inserted by Act 8 of 2009.


2. Inserted by Act 8 of 2009.
as may be provided by regulations.
(3) No licensed plumber shall contravene any specifications or standards relating to
the execution of such works, provided in the regulation or specified by the Authority or execute such
work using sub-standard materials, appliances, or fittings.
(4) Where any such work is executed contravening sub-sections (1), (2) and (3),
such connection is liable to be refused or disconnected.
(5) The Authority may, from time to time, fix the charges to be paid to licensed
plumbers for each such kind of work by regulations.
(6) No licensed plumber shall demand or receive charge for any such work in excess
of the rate fixed by the Authority under sub-section (5).

(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.
1
[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)]

1. Inserted by Act 8 of 2009.


(50) Prohibition of construction of buildings, etc., over sewer.—(1) No person shall without
the permission of the Authority construct any private street, building, wall, fence or other
structure on any sewer of the Authority.
(2) If any private street be constructed or any building, wall, fence or structure erected
on any sewer as aforesaid without the written permission of the Authority, the
Authority may remove or otherwise deal with the same as it thinks fit.
(3) The expenses incurred by the Authority in so doing shall be paid by the owner of
the private street or of the Building, fence, wall or other structure or as the case may
be, by the person offending and shall be recoverable as an arrear of charges payable
under this Act.
1
[50A. Prohibition of certain Acts :- No person shall,
(a) willfully obstruct any person acting under the orders or directions of the Authority
in setting out the lines of any sewerage or put up or remove any pillar, post or
stake fixed in the ground for the purpose of setting out such lines, 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 or other apparatus of any sewerage of
the Authority, or
(c) unlawfully obstruct the flow of or flush, draw off or divert or take sewage from
any sewerage of the Authority.]
(51) Power to affix shaft, etc., for ventilation of sewer or cess-pool.-- The Authority may for
the purpose of ventilating any sewer or cess-pool, whether vested in the Authority or not erect
upon any premises or affix to the outside of any building or to any tree any shaft or pipes as
may appear to it to be necessary.
(52) Power to examine and test sewer etc., believed to be defective.—(1) Where it appears to
the Authority that there are reasonable grounds for believing that a private sewer or cess-pool
is in such condition as to be prejudicial to public health or to be a public nuisance or that a
private sewer communicating directly or indirectly with a sewer of the Authority is so
defective as to admit sub-soil water or grit or other material, it may examine its condition and
for that purpose may apply any test, not being a test by water under pressure and if it deems
necessary, open the ground.
(2) If on examination, the sewer or cess-pool is found to be in proper condition,
the Authority shall, as soon as possible, reinstate any ground which has been opened by it.

(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.

1. Inserted by Act 8 of 2009.


1
[52A. Penalty for the violations of the provisions of this Chapter:- Any person who
contravenes any provisions of this Chapter shall be punishable with fine extending to ten
thousand rupees for the first conviction and for the second and subsequent convictions
with fine extending to twenty thousand rupees or with imprisonment extending to six
months or with both.]

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 ;

(b) to take level ;

(c) to dig or bore into the sub-soil ;

(d) to set out boundaries and intended lines of work ;


(e) to mark such levels, boundaries and lines by placing marks and cutting
trenches ; or
(f) to do any other thing necessary for the purpose of this Act or any rule or
regulation made thereunder.
Provided that--
(i) no such entry into a building shall be made between sunset and sunrises;
(ii) no dwelling house or place shall be so entered except with the consent of the
occupier thereof or without giving the occupier at least twenty four hours notice of
the intention to make such entry ;
(iii) reasonable opportunity and facility shall be allowed to the women occupying
any part of a dwelling house to withdraw ; and
(iv) due regard shall, so far as feasible, be paid to the social and religious customs
and usages of the occupants of the premises entered into.
(2) Whenever any officer of the Authority authorized under subsection (1) eaters
into or upon any premises in pursuance of that sub section, he shall, at the time of
such entry pay or tender payment for the damage, if any, to be caused by any act as
aforesaid and in case of dispute as to the sufficiency of the amount of compensation
such dispute shall be referred to the Chairman whose decision thereon shall be final.

1. Inserted by Act 8 of 2009.


(3) When any person is entitled to enter into or open any premises in exercise
of the powers under sub-section (1) he may also enter in similar manner into or upon any
adjoining premises for any work authorized by or under this Act, or for the purpose of
depositing therein any soil, stone or other materials or for obtaining access to such work or
for any other purposes connected with the execution of the same.

(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.

(5) The officer so authorized shall in exercise of any power conferred by


sub-section (4) do as little damage as may be possible and compensation for
such damage shall be payable by the Authority to the owner or occupier of
such premises or to both and in the case of any dispute as to the sufficiency
of the amount of compensation, the dispute shall be referred to the chairman,
whose decision thereon shall be final.

(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.

(2) The cost of cleaning or disinfection referred to in sub-section (1) shall


be recoverable from the owner or occupier of such tank, pool or well.
(55) Directions by the Government.—(1) In the discharge of its functions, the Authority shall
be guided by such directions on questions of policy as may be given to it by the Government.
(2) If any question arises as to whether any matter is or is not a matter in
respect of which the Government may issue a direction under subsection (1), the decision of
the Government thereon shall be final.
(56) Annual reports, statistics and returns—(1) The Authority shall, after the end of each
financial year, prepare and submit to the Government before such date and in such form as
the Government may direct a report giving an account of its activities during the previous
financial year and the report shall also give an account of the activities, if any, which are
likely to be undertaken by the Authority in the next financial year and the Government shall
cause every such report to be laid before the State Legislature as soon as possible after it is
received by the Government.
(2) The Authority shall furnish to the Government at such terms and in such form
and manner as the Government may direct such statistics and returns and such particulars in
regard to any proposed or existing schemes or activities of the Authority or any other matter
under the control of the Authority as the Government may, from time to time, require.
(57) Duty of local bodies to assist.—(1) All local bodies shall under such help and assistance
and furnish such information to the Authority and shall make available for inspection and
examination such records, maps, plans, and other documents as it may require to discharge
its functions under this Act.
(2)Without prejudice to the other provisions of this Act and notwithstanding anything
contained in any other law for the time being in force under which any local body is
constituted, the Government may give to any local body such directions as in its
opinion may be necessary or expedient for enabling the Authority to perform its
functions under this Act and thereupon it shall be the duty of the local body to comply
with such direction.
(58) Protection of acts done in good faith.--No suit, prosecution or other legal proceedings
shall lie against the Government, the Authority or the Chairman, the Managing Director or
other member of the Authority or any officer or servant of the Government or of the Authority
for anything which is in good faith done or purported or intended to be done in pursuance of
this Act or any rule or regulation made thereunder.
(59) Members, Officers and Servants of the Authority to be public servants.--The Chairman,
Managing Director, members, officers and servants of the Authority shall be deemed when
acting or purporting to act in pursuance of the provisions of this Act or any rule or regulation
made thereunder to be public servants within the meaning of Section 21 of the Indian Penal
Code, 1860 (Central Act 45 of 1860) and the Prevention of Corporation Act, 1947 (Central
Act 2 of 1947).
CHAPTER IX

Penalties and Procedure

(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.]
4
[(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.
4
[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 ;
1
[(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.

1. Inserted by Act 8 of 2009.


(3) Every rule made under this Act shall be laid , as soon as may be after it is made
before the Legislative Assembly while it is in session for a total period of fourteen days which
may be comprised in one session or in two successive sessions and if, before the expiry of the
session in which it is so laid or the session immediately following, the Legislative Assembly
makes any modification in the rule or decides that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so
however that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.

(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;
1
[(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
:
2
[(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.]

1. Inserted by Act 8 of 2009.


2. Inserted by Act 8 of 2009.
(i) the terms and conditions for supply of water for domestic and other
purposes ;
1
[(ia) the manner in which the details of work executed or to be executed by
licensed plumbers are to be furnished to the Authority and the charges to be paid
to licensed plumbers for each kind of work relating to water connection and
sewer connection.]
(j) the installation of meters or transfer of their connection and use,
maintenance, testing, disconnection and re-connection, the fees, the rent and
other charges in respect thereof including the furnishing of security by the
consumer and matters connected therewith;
2
[(ja) the manner of serving the order of provisional assessment in the case of
unauthorized use or theft of water by the consumer and the guidelines for the
assessment of water charges in such cases,
(jb) the manner in which, the details of the works relating to any sewer
connected to the sewer of the Authority is executed or to be executed, is to be
furnished to the Authority.
(jc) the liquids and other materials, other than those specified in section 49A,
the discharge of which into a sewer is to be prohibited.
(k) the fee to be paid for connection with a sewer of the Authority and
other terms and conditions for such connections ;
(l) any other matter for which provisions is to be or may be made in
regulations
CHAPTER XI

Transitory Provisions and Repeal


66. Transitory Provisions.--(1) Any bye-laws by whatever name called made by
the local bodies in relation to the provision of water supply and sewerage services
under the Acts constituting such local bodies before the date of constitution of the
Authority and in force immediately before the said date shall continue in force to
the extent they are not inconsistent with the provisions of this Act, until such time
as regulations are framed by the Authority under section 65.
(2) Any water charge, fee or other item of receipt by whatever name called levied
by a local body or by the officers of the Public Health Engineering Department
before the date of constitution of the Authority and any notification, notice, order
or direction in relation to such levy or to the provision of water supply and
sewerage services issued immediately before the said date including any
assessment of such levy or order for exemption or connection, disconnection or
reconnection made or granted or any penalty imposed in respect of the owner or
occupier of any premises or any license issued to a plumber or any order made in
connection therewith under any provision of law applicable to the local body
having jurisdiction over such area

1. Inserted by Act 8 of 2009.


2. Inserted by Act 8 of 2009.
and in force immediately before the said date shall continue in force until other provision
or order is made or other proceedings or action taken under this Act by the Authority for
levy or assessment or for grant of such license or connection or provision of such services
and any reference in such notification, notice, order, direction, bye-laws or license to the
local body shall be construed as a reference to the Authority and in particular, proceeds
of such charges or levy or other items of receipt shall go into the Fund of the Authority:

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.

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