Guwahati Metropolitan Drinking Water and Sewerage Board Act, 2009

No: 10 Dated: Feb, 28 2009

THE GUWAHATI METROPOLITAN DRINKING WATER AND SEWERAGE BOARD ACT, 2009

ASSAM ACT NO. X OF 2009

    An Act to provide for provisions of continuous and uninterrupted, hygienic, piped drinking water, and to promote hygienic environment for public by removing and tr eating waste water and sewerage in the Guwahati Metropolitan Area.

    Preamble: Whereas it is. expedient to provide for the establishment of The Guwahati Metropolitan Drinking Water and Sewerage Board for the execution of the projects, development and maintenance of Drinking Water and Sewerage Schemes, and for constitution of Guwahati Water Regulatory Authority for consumer protection, regulation of tariff of water supply and sewerage in the Guwahati Metropolitan Area;

    It is hereby enacted in the Sixtieth Year of the Republic of India as follows:-

CHAPTER- I

Preliminary

1. Short title, extent and commencement:- (1) This Act may be called the Guwahati Metropolitan Drinking Water and Sewerage Board Act, 2009.

(2) It extends to the whole of the Guwahati Metropolitan area.

(3) It shall come into force on such date as the Government may, by notification, appoint

2. Definitions:- (1) In this Act, unless the context otherwise requires,-

(a) “Board” means the Guwahati Metropolitan Drinking Water and Sewerage Board constituted under section 3 of this Act;

(b) “Board of Directors” means the Board of Directors constituted under section 3 (4) of this Act;

(c) "Central Ground Water Board" means the Central Ground Water Board constituted under Section 3(3) of the Environment (Protection) Act, 1986;

(d) “charges" includes any rates, tariff, duty, cess, deposits, rentals, surcharge, development charges or any other charges levied by the Board under this Act;

(e) "Government" means the State Government of Assam in the Guwahati Development Department;

(f) "Guwahati Metropolitan area" means the Area covered under the Guwahati Metropolitan Development Authority Act, 1985, as amended from time to time;

(g) "internal pipe" means the pipe which is laid within the premises of the consumer to deliver water to consumption points;

(h) “Licensed Plumber" means a plumber who has been temporarily permitted to operate as licensed plumber in any area of the Board or by any erstwhile body substituted by the Board and will include a licensed plumber who will be licensed by the Board in accordance with the regulations made in this regard;

(i) “local authority" means Guwahati Municipal Corporation and Guwahati Metropolitan Development Authority constituted under the Gauhati Municipal Corporation Act,1969, Guwahati Metropolitan Development Authority Act, 1985 respectively and any other Authority, Board etc. constituted by the State Government;

(j) "mains” means a pipe laid for the purpose of giving a general supply of water as distinct from a supply to individual consumers and includes any apparatus used in connection with such a pipe;

(k) “Managing Director” means the Managing Director appointed under section 9 of this Act;

(l) “Municipal Corporation" means the Guwahati Municipal Corporation established under Section 3 of the Guwahati Municipal Corporation Act, 1969 and includes any successor body or bodies thereto;

(m) “occupier” means,-

(i) any person who for the time being is paying or is liable to pay to the owner, the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;

(ii) an owner in occupation of, or otherwise using the land or building;

(iii) a rent free tenant of any land or building;

(iv) a licensee in occupation of any land or building;

(v) any person who is liable to pay to the owner damages for the use and occupation of the land or building;

(n) “owner” includes a mortgagee in possession, a person who for the time being reiving or is entitled to receive, or has received, the rent or minimum for any land whether on his account or on account on behalf of, or for the benefit of, any other person or as an trustee, guardian or receiver for any other person or for charitable institution or who would so receive rent premium or be entitled to receive the rent or premium if the land were let out to a tenant; and also includes the Head of a Department or an undertaking of the Central or a State Government, the General Manager of the Railways, the Secretary or other principal officer of a local authority, statutory authority or company in respect of properties under their respective control;

(o) “Regulations” means the Regulations made by the Board under this Act;

(p) “Regulatory Authority” means the Guwahati Water Regulatory Authority constituted under section 20 of this Act;

(q) “Rules” means the Rules made by the State Government under this Act;

(r) "Service pipe" means so much of any pipe for supplying water from a main to any premises up to the meter installed in the said premises;

(s) "sewer" means a closed conduit for carrying off sewage, sullage, rain water, polluted water, waste water or sub-soil water;

(t) "shed" means a slight or temporary structure for shade or shelter;

(u) "State" means the State of Assam;

(v) "supply pipe" means so much of any service pipe as is not a communication pipe;

(w) “trade premises" means any premises used or intended to be used for carrying on any trade, industry or for any commercial purposes;

(x) “trade refuse" means the refuse of any trade or industry;

(xa) "trunk main" means a main constructed for the purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from the part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk;

(xb) "Water fittings" includes pipes (other than mains), taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water.

(2) All words and expressions used in this Act and not defined, but defined in the Guwahati Municipal Corporation Act, 1969, and the Guwahati Metropolitan Development Authority Act, 1985 and other related Acts shall have the meanings respectively assigned to them in those Acts.