Assam Urban Water Supply and Sewerage Board Act, 1985
No: 2 Dated: Jan, 09 1987
ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD ACT, 1985
ASSAM ACT II OF 1987
An Act To provide for the establishment of an Urban Water Supply and Sewerage Board for the development, maintenance and regulation of the Water Supply, Sewerage and sewage disposal works and for matters connected therewith in the urban areas of the State of Assam.
Preamble:- Whether it is expedient to provide for the establishment of an Urban Water Supply and Sewerage Board for the development, maintenance and regulation of the Water Supply, Sewerage facilities in the Urban areas in the State of Assam and for matters connected therewith;
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam Urban Water Supply and Sewerage Board Act, 1985.
(2) It shall extend to all urban areas in Assam but excluding the cantonment areas.
(3) It shall come into force on such date or dates as the State Government may, by notification, appoint and different dates may be appointed for different areas.
2. Definitions. - In this Act, unless the context otherwise requires -
(1) "Appointed day" in relation to any local areas, means the date of notification relating to that local area under Section 18;
(2) "Board" means the Assam Urban Water Supply and Sewerage Board, constituted under Section 4.
(3) "Bye-laws" means bye-laws made under this Act.
(4) "Chairman" means the Chairman of the Board.
(5) "Committee" means any committee appointed under Section 13.
(6) "Catchments areas" means all land through or under which any water flows, runs or percolates directly or indirectly into any reservoir erected or used by the Board in connection with water supply or drainage.
(7) "Cess pool" includes a settlement tank or other tank for the reception or disposal of fluid foul matter from any premises.
(8) "Director" means the Director of the Board and includes the Chairman and the Managing Director;
(9) "Drain" includes a sewer, tunnel, pipe, ditch gutter or channel or a cisterm, flush-tank, septic tank or other device or carrying off or treating sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water and also includes any culvert, ventilation shall or pipe or other appliance or fitting connected with such drain, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising collecting, expelling or removing sewage or offensive matter from any place;
(10) "Drainage" means device for carrying sewage, offensive matter, polluted water, wastewater, rainwater or sub-soil water;
(11) "Domestic purposes" supply of water for domestic purposes shall mean supply for any purpose except (i) for trade, manufacture, business, gardens or irrigation; (ii) for building purposes and construction of roads; (iii) for fountains, swimming pools, public baths or tanks or for ornamental or mechanical purposes; (iv) for animals, where they are kept for sale or hire or sale of their produce; (v) for consumption and use at a restaurant or by inmates of a hotel, boarding house or residential club; (vi) for consumption and use by persons resorting to theatres and cinemas; (vii) for watering streets; (viii) for washing vehicles where they are kept for sale or hire;
(12) "Government" means the State Government.
(13) "House-drain" means any drain of and used for the drainage of, one or more premises.
(14) "Local area" means the area falling within the jurisdiction of a Local body;
(15) "Local Authority" means a Municipal Corporation, Municipal Board, Town Committee, Development Authority or any other local authority as specified by the State Government.
(16) "Land" includes (besides land) benefits arising out of land, house and things attached to the earth or permanently fastened to anything attached to the earth and also land covered by water;
(17) "Main" means a pipe laid by the Board for the purpose of giving a general supply of water as distinct from a supply to individual consumers, and includes any appliances and appurtenances used in connection with such a pipe;
(18) "Notification" means a notification published in the official Gazette;
(19) "Occupier" in relation to any premises includes: -
(i) Any person for the tine being paying or liable to pay rent or any portion thereof to the owner in respect of these premises;
(ii) An owner who is in occupation of those premises.
(iii) A tenant of those premises who is exempted from payment of rent.
(iv) A licensee who is in occupation of those premises; and
(v) Any persons, who is liable to pay damages to the owner in respect of use and occupation of the premises.
(20) "Owner" in relation to any premises, means the persons who receives the rent of the said premises or who would be entitled to receive the rent thereof, if the premises were let and includes: -
(i) An agent or trustee who receives such rent on account of the owner;
(ii) An agent trustee who receives the rent of, or is entrusted with the management of any premises devoted to religious or charitable purposes;
(iii) A receiver, administrator 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
(iv) A mortgage-in-possession.
(21) "Premises" means any land or building or part of a building and includes -
(a) The garden, ground and out houses 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 the more beneficial enjoyment hereof;
(22) "Prescribed" means prescribed by rules;
(23) "Prescribed Authority" means an authority appointed by the State Government by notification in the official Gazette to perform all or any of the functions of the prescribed authority in one or more local areas;
(24) "Private Street", "Public Street" and "Street" in relation to any local area. Have same meanings as in the law relating to the local body having jurisdiction over that local area;
(25) "Rules" means the rules made under this Act'
(26) "Regulation" means the regulation made under this Act;
(27) "Sewerage" means any device for carrying of sewerage, offensive matter, polluted water, wastewater, and rainwater or sub-soil water;
(28) "Scheme" means any scheme relating to the provision of drinking water and collection and disposal of storm and wastewater;
(29) "Sewage" means night-soil and other contents of water-closets latrines, privies, urinals, cesspool or drains and polluted/waste water from sinks, bath-rooms, stables, cattle-sheds and other like places and includes trade effluents and discharges from manufacturing industries of all kinds;
(30) "Sewer" means a closed conduit for carrying sewage, offensive matter, polluted water, and wastewater or sub-soil water laid through, under or upon any street or land whether public or private;
(31) "Sewerage system" means a sewerage system provided by the Board and includes the sewer to which this Act extends and all treatment works, pumps pumping stations and machinery, fittings and things connected therewith and all land acquired held or used by the Board for the purpose of this Act, in relation to sewerage;
(32) "Urban" means and includes the areas declared or included in a municipality or a Municipal Corporation under the provisions of the Assam Corporation under the provisions of the Assam Municipal Act, 1956 (Assam Act. No. XV of 1957) and the Gauhati Municipal Corporation Act,1969 (Assam Act 1 of 1973) or any other Municipal Corporation Act which may come into force from time to time or any other area to which the services of the Board are extended as specified by the State Government;
(33) "Water Connection" includes: -
(i) 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 Board; and
(ii) The Water pipe connecting such a tank cistern, hydrant standpipe, meter or tap with such main or pipe.
(34) "Water Works" includes water channel (including stream lakes spring, river or calel), well, pump, reservoir, cistern, tank, duct, whether covered or open, sluice, supply main, culvart, engine, water truck, hydrant, stand pipe conduil and machinery, land, buildings or other thing for supplying or used for supplying water or for protecting source of water supply.
(35) "Year" means the financial year.
(36) The expressions "building", "house-gully", "offensive matter" and any other term used in this Act, shall unless defined here and unless there is anything repugnant in the subject or context, have the same meaning as in the Assam Municipal Act, 1956, and the Guwahati Municipal Corporation Act, 1969 as amended up-to-date.
CHAPTER II
Constitution of the Board
3. Creation and incorporation of the Board. - (i) The State Government shall, by notification in the official Gazette, and with effect from a date to be specified herein constitute a Board to be called "The Assam Urban Water Supply and Sewerage Board". The duty of carrying out the provisions of this Act, shall subject to the restriction, conditions, and limitations therein contained be vested in the said Board.
(ii) The Board shall be a body corporate by the said name having perpetual succession and a common seal and shall have power to acquire, hold or dispose of property.
(iii) The Board shall for the purpose of this Act be deemed to be a local authority.
(iv) The Board shall have its heard office at Guwahati and may have offices at such other places, as it may consider necessary.
(v) The conduct of business of the Board shall be regulated by such rules as may be framed by the Government from time to time.