C.M.W.S.S.B. ACT IN DETAIL

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THE CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE ACT, 1978.

(TAMIL NADU ACT 28 OF 1978)
(As Amended upto 30th November 1998)
(The Chennai Metropolitan Water Supply and Sewerage (Second Amendment) Act, 1997)

(For Statement of Objects and Reasons see Part IV - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 10th January 1978, page 196; For Act see Part IV – Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 14th June 1978 pages 269-341).

(Received the assent of the President on the 8th June 1978, first published in the Tamil Nadu Government Gazette Extra-ordinary on the 14th June 1978).

ARRANGEMENT OF SECTIONS

CHAPTER I
Preliminary

1   Short title and commencement
2   Definitions

CHAPTER II
Establishment of the Board and its power and functions

3   Establishment of the Board.
4   Constitution of the Board.
5   Functions of the Board. 6   Powers of the Board.
7   Power of Board to call for information.
8   Board to be exempted from sales tax and treated like Government for certain other taxes.
9   Compulsory acquisition of land, etc.

CHAPTER III
Directors, Committees and Employees

10   Managing Director
11   Finance and Engineering Directors
12   Terms and conditions of service of whole time directors
13   Non-official directors
14   Disqualification for appointment as director of the Board
15   Removal of directors
16   Resignation and temporary absence of directors
17   Committees
18   Meetings of the Board and the Committees
19   Appointment of officers and other employees
20   Appointment of employees of local authorities
21   Common service cadre
22   Delegation of powers
23   Indemnity of certain directors and bar to proceedings
24   Defects not to invalidate acts.

CHAPTER IV
Establishment, Transfer and vesting of Water Supply and Sewerage Services

25   Local Authority to furnish information to Board prior to notified date.
26   Vesting of water supply and sewerage services in the Board.
27   Provision for continuance of works in progress.
28   Duty to transfer assets, etc., to Board.
29   Settlement of disputes.
30   Continuance of existing provisions, contracts, obligations, legal proceedings, etc.

CHAPTER V
Finance, Accounts and Audit

31   Board’s fund
32   Power of the Board to borrow and lend
33   Form, signature, exchange, transfer and effect of debentures
34   Taxes leviable by the Board
35   Assessment of annual value
36   Restriction on the levy of taxes
37   Budget
38   Balance sheet and income and expenditure account
39   Audit
40   Previous sanction of Government for certain schemes, plans and works
41   Power to write off irrecoverable amounts

CHAPTER VI
Water Supply and Sewerage

Water Supply

42   Water supply system
43   Supply of water to public authorities and payment therefor
44   Payments for water supplied under the Act and non-liability of the Board
45   Water connections for domestic consumption and use
46   Control over house and other connections
47   Calculation of charges for water supplies
48   Prevention of wastage of water
49   Power to cut off water supply
50   Control over wells, etc
51   Control over use, etc., of under ground water in certain cases
52   Power to order cleansing of insanitary private watercourse spring, tank, well, etc.,used for drinking
53   Prohibition of building over water mains
54   Prevention of pollution, etc.

Sewerage

55   Sewerage system
56   Sewerage connections
57   Power to provide sewers in combination
58   Powers to close or limit the use of existing private sewers
59   Control over house sewers, privies and cess-pools
60   Closure, removal, etc., of works in certain cases
61   Sewers, etc., to conform to regulations

General

62   Obligations of owner and occupier
63   Board’s power to carry pipes, sewers etc. and to maintain works
64   Works beyond the Chennai Metropolitan Area
65   Vesting of materials in pipes, sewers, etc., and Board’s power to dispose of same
66   Power to carry out works, remove encroachments, sell unclaimed materials, etc
67   Power to enter upon land, etc., and to place and maintain mains, etc
68   Works to be done by licensed plumber
69   Prohibition of certain acts

CHAPTER VII
Tribunal, Appeals and Revision

70   Constitution of Tribunal
71   Appeals
72   When appeals can be heard and finality of rates, etc.
73   Revision

CHAPTER VIII
Miscellaneous

74   Board’s dues to be recovered as arrears of land revenue
75   Duties of authorities, etc., to assist the Board
76   Directors, etc., to be deemed public servants
77   Offenses and penalties
78   Offenses by companies
79   Powers to remove difficulties
80   Power to make rules
81   Power to make regulations
82   Application of certain provisions of Tamil Nadu Act 4 of 1971
83   Application of certain provisions of Tamil Nadu Act III of 1939
84   Effect of other laws
85   Amendments to other enactments and savings
86   Service how to be effected
87   Application of Act on extension of Chennai Metropolitan Area
88   Rules and notifications to be placed before the Legislature

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