 arrangement of clauses chapi'er i prelimin ary clauses1 short title extent and commencement 2 definitions  chapter ii the delhi water supply and sewage disposal board3 constitution and incorporation of board 4 composition of bo:l1·d 5 term of office and salaries and allowanl:es of members, etc 8 resignation of office by ch linn 1'1 or ~ny other member 7 disqualification for being chosen as or for being member of board 8 removal of chairman and other members from office 9 vacancies, etc not to invalidrte acts and proceedings of board meerir1g!' l,r bc':'rd temporary association of' persons with board for particular purposes power to appoint committees and to dele~ate functions to chlirm~tn, etc authentication of orders and other instruments of board powers of ch·tirmm, member (engineering) etc oftlears and employee!' of board oejaeral cuaquauftcation of rj1 officer and other employees  chapter iii powers duties and ft:nctions of the board general17 general 'duties of board 18 power to require board to carry out ~urvc~' ol1d formulate proposals 19 power to construct add;tional works 20 board to secure wholesomeness of water 21 power to lay mains  water supply22 board to make bulk supply of water to receiving bodies 23 receiving bodies to pay actual cost of supply of water 24 provisional collecting rate 25 final settlement of acc0unts 26 supply of meters 27 testing of meters  sewage disposa728 board to specify places for dep\'ery of sewage 29 restriction regarding discharge of sewage 30 board to receive sewage 31 payment of cost of disposal of sewage 32 manner of payment by the municipal corporation of delhi and new delhi municipal committee of prof'\ortion of cost of disposal of sewage  chapter ivrevfnuf ftna;\tf arrot·xts at:dlt axd br'dgft ~~ fund of board 34 sources of fund 35 borrowing powers :\tii grrmts hy c"ntritl g(l\  ~rnm?nt to th~ bo:lrd _ 37 prnv;sion for depreciation and for de\'elopment reserve and othi!t fund~ 38 power of board to spend 39 budget ~ accounts and audit ; :'j  chapter v miscellaneous4l power to require railway level, etc, to be raised or lowered 42 buildings, railways and private streets not to be erected or constructed over water worko; without permission 43 rights of user of property for aqueducts, lines, etc 44 disputes as to liability for payment to or by board 45 summary recovery of sums due from receiving bodies 46 board not to give up certain works, etc, without permission 47 employment of government agencies for repairs, etc 48 power of entry 49 supply of water by board to hodies:outside~c1hi 50 penalty 51 members, officers and other employees of board to be public servants 52 power of administrator to give instructions (0 buard 53 power to make rules 54 power to make regulations 55 power of administrator to determine stores, articles, etc 56 vesting of certain properties in the board and provis;'ji1 regarding debts obligations employees etc 57 payment of value of assets and liabilities sr power to supersede b'>ard 59· power to remove d:fficlilties the first schedule the second schedl:le  bill, 1966 a billf)'i'ovide fot the constitution of a board for the maintenance, , development and tegulation oj wllte'r :mpply and sewel'age aervices in the union tettitoty of delhi and fot mattets con-meted thetewith ~"": " be ~t enacte~ by parliament in the seventeenth year of the :, ubhc of india as follows:-~~l'~~; ~   chapter 1 prfj,winaby i (i) this act may be called the delhi water supply and shon djaposal act, 1966 title, extent ud - (i) it eztenda to the whole of the union territory of delhi, commencemellt, it &ball come into force on such date as the central govmay, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-definitioni (a) "board" means the delhi water supply and sewage disposal board constituted under section 3; (b) "delhi" means the union territory of delhi; (c) "main" means a pipe laid for the purpose of giving a general supply of water as distinct from a supply tu individw  consumers and includes any apparatus used in connection with such pipe; (d) "prescribed" means prescribed by rules made under this act; (e) "receiving body" means-(i) the mwlicipal corporation of delhi; or (ii) the new delhi mwlicipal committee; or (iii) the military engineer services, delhi cantonment; (f) words and expressions used but not defined in this act and defined in the delhi municipal corporation act, 195~ shall have the meanings respectively assigned to them in that act  chapter ii the dellu water supply and sewage disposal board3 (1) with effect from such date as the administrator may, by notification in the official gazette, appoint in this behalf, there shail be constituted a board to be called the delhi water supply and sewage disposal board constitution and incorporatild of board ll) the board shall oe a body corporlte having perpetual successwn and a commun sedl with power to acquire, hold and dis· pose of property and shall, by the said name, sue and be sued 4 (1) the board shall consist of a chairman to be appointed by the administrator and five other members of whom-composi_ tion of board (a) two shall be elected by the members of the metro~ titan council of delhi from among themselves; (b) one shall be elected by the members of the municipal corporation of delhi from among themselves; ~ (e) two shall be appointed by the administrator (2) of the two members referred to in clause (c) of sub-section (1)-public (enp,i-(a) one shall be an engineer with experience in health engineerin~ and shall be designated as member neering); and (b) the other shall be a person with exper'enre in fin;mc;~ll administration and shall be designated as member (finance) the ch1irin'm, the member (engineerin~) and the member ) shall be appointf'd with the previous approval of the government the appointment of the cfu;rmrf' under sub-section (1) of the member (engineering) and the member (finance) clause (c) of that sub-section shal1 be made and the elecof the member~ under clauses (a) and (b) of that sub-section !be completed, hefore the issue of the notification constituting under sub-section (1) of section 3 the term of office of and the manner of filj=necasual term of _~es among, member~ of the board shal1 be sueh as may be r;ffi~e and salaries and al~ow­anres or salaries and allowances and other conditions of ~~rvice members, the member (engineering) and the lfember etc and the al10wanees payable to the elected members, of all be such as may be prescribed rj'ld ",'ch  -jaril"c  nd _itjj~11 be paid one of the' fund of the bo~rd ch:1irmren and any other member of the board ~~an he re-appointment or as the case may be, re-elect:::-!1 ,chairm~n or any other member of the board may ~esign resignation of by ~ving notice in writing ~o the administra~o~ <i~d on (ffice bv  resignation being 3ccepted by the administrator ~~al1 be chairm~;l to have vacated his offic~ shall be disqualified f0r being chosen a~""" for i(iwinb4!r of the boardmind and stand~ so dec!2::-e'd bv a or any other member disqua:ificat:on for being chosen as, or for being, member of board lae is an undischarged insolvent: or (c) if he has been convicted of an offence involving moral turpitude; or (d) if he has, direc·ly or indirectly, any interest in any subsisting contract made with or in any work being done for the boa~d except as a shareholder (other than a d'rector) in 5 an incorporated company provided that where he is a shareholder he shall disclose to the administrator the nature and extent of shares held by him in such comp:tny 8 the administrator may remove from office the chairmnn or any other member of the board who-10 (a) is or becomes subject to an~· of the disqualifications mentioned in section 7: or removal of chair man and other members from ofrce (b) without excuse sufficient in the opinion of the admin;strator, is absent from more than four consecutive meetings of the board: is provided that the ch ,;rmn or the member (engineering) or the member (finance) shall not be remocled from office except ~ 'yith the previous approval of the central government vacancies, t t t 9 no act or proceeding of th~ bnard shall be invalid by reason j ~ c, no 0 ~ invalidate only of the existence of an~' ,·acancy among its members or any 30; acts and rlefect in the constitution thereof pro:'eedings of board meet n;s o~board 10, (1) the board shall meet at such t~mes and places and shan sub,ieet to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to trans~ction of business at its meetings (including the quorum at meetings) rt~ may bp provided by regulations made under this act (2) the ch1:rm 1n or in his absence an'\" member chosen by the members present from among themse]ve!;, ~hall preside at r meeting of thp board (3) all questions at a meeting of the board shall be decided by a majority of votes of the members present rind voting and in the case of an equality of \"otes the chn:·mrn or, in his absence the person presiding shall have and exerc'se a casting vote 11, (1) the board may associate with itself, for any purpose in such manner as may be pro":d~d by regulations under this act~ any person whose assistance or advice it tempol'ary association of persodi desire in exercismg or discharging any of i ls powers or functions with under this act board 1'1 particul purpose (2) a person associated with it by the board under sub-section (1), for any purpose shall have a right to take part in the discus-s sions of the board relevant to that purpose, but shall not have a right to vote at a meeting of the board 10 is ~ f' r \ t f ,-12 the board may, from time t) t;llie b~· i"l'::iolution passed at power t a meeting, -appoint commit-(a) appoint committees consisting of its members and, whenever tees and necessary, of other p;!rsons having knowledge and experience in public delegate' health or public health engineering, for discharging such of its func- function lions as may be specified in the resolution; to chair (b) delegate to the chairman, or the member (engineering) man, etc or the member (finance), subject to such conditions and limitations, if any, as may be specified in the resolution, such of its powers and duties as it may think fit; •20 - ;  -(c) authorise any officer of the board~ subject to such conditions and limitations, if any, as may be specified in the resolution, to exercise such powers and perform such duties as it may deem necessary for the efficient day to day administration of its business 13 all orders and decisions of the board shall be authenticated authenl: by the signature of the chairman or any other member authorised cation 0 i by the board in this behalf and all other instruments issued by the order~ ar '~ard shall be authenticated by the signature of an officer of the o:her in~ board authorised in like manner in this behalf ~fr~:~~   14 (1) the chairman shall be the executive head of the board powers u and all officers and other tmployecs ofthe board shall be subordinate chairman of him member , (engi-(2) the member (engineering) shall be the chief engineer of neering) board ctc ";;;:~~''  (3) the member (finance) shall be the chief accounts officer ""'~'"''  -,_,,r, of the board and shall ha\'e the right to record his views on every proposal involving expenditure from the fund of the board prior to the consideration of the proposal by the board ! 15 (1) the board may appoint such number of officers and officers employees as it may consider necessary for the efficient dis- and emof its functions ployee~ the conditions of appointment and service and the scales of board of the officers and other employees of the board shall be  lwimay be provided by regulations made under this act 16 no person who has, directly or indirectly  by himseh or as a pal-tner or any share or interest in any contract, by or on behalf of the board shall become or remain as an officer or other emp] oyee of the board general c1isquali fication cji all officers and other employees  chapter iii powers, duties and functions of the board generalgeneral duties of board 1'1 (1) the board shall be charged with the general duty of providing bulk supply of water to the receiving bodies and of making adequate provision for disposal of the sewage delivered 10 to it by the municipal corporation of delhi and the new delhi municipal committee and for the efficient performance of such duty, the board shall e~ercise such powers and discharge such functions •• :i are conferred or imposed on it by or under this act (2) without prejudice to the provisions of sub-section (1), it j 5 shah i>e the duty ~of lhe _ bodrd to take steps, from time to time, -_ (a) for ascertaining the sufficiency and wholesomeness of water supplied to the receiving bodies at the place or places specified in the fu'st schedule; (b) for preparing and carrying out schemes for the supply 20 nf wholesome water within delhi (c) fllr ,dlscharging such other functions as th: administrator may, frl>m um! ,to tlm!,by  order,dir!ct the_r1ard,to discharge  ,4  ~,  ----~  lr the administrator may require the board t(}-(a) carry out a survey of the existing consumption of and 25 demand for water supplies in delhi and of the water resources ill or available for delhi; {b) prepare an e~timate of the future water supply n'-(tuirements of delhi; power to require board to carry out survey and for· mulate prc'poc;a \; (c) carry out a survey of the existing quantity of sewage ~o (lisposed of and the manner in which it is disposed of; (d) formulate proposals as to-(i) the existing or future water supply requirements of delhi; ---  (ii) the existing or future sewage disposal require- 3' ments of delhi (except delh~ cantonment) including pro-posals for the manner in which and the place or places at which such sewage should be carried, treated and disposed of power tu construct additional works 19 if the board is of opinion that the works and other proper-:'5 ties for the time being vested in the board are inadequate for the purpose of efficient supply of water or for the purpose of efficient disposal of sewage under this act, it may take steps in accordance with the provisions of this act for the construction of additional works, whether within or without delhi, and for the acquisition "}) of additional properties for such works 20 the board shall secure that the water in any water works board to belonging to it from which water is supplied to the receiving hodies secure wholeis wholesome someness of water 21 (1) the board may lay a main-power to lay main" (a) in any street, and (b) with the c'o'1sent of every owner and occupier or any land not forming part of a street, in, over or on, that land  and m~y, frnm time to tim':, inspect repair, alter or renew or may  (,  at any time remove any main so laid whether by virtue of this rction or otherwise: , provided that where a consent required for the purpose oj this is withheld, 'the board may, after giving the owner or of the land a written notice of its intention so to do, lay main in, over ot on, that land even without such consent (2) where the board in exercise of the powers under this --'-v''' lays a main in over or on ,any land not forming part of a or inspects, repairs alters renews or removes a main sl) laid over nr n, any such land the board shall pay compensation to  ,every pl'rson interested in th;1t land for any damage done to or uriolls affection of that lann by reason of the inspection, laying r, alteration, renewal or removal of the main  water supplythe board shall be bound to supply to each r~cejvmg body board to place "r plac:s c:p~cified in resr~ct of meh bjdy :n th<' first make or at such other place or places as may be agreed bet- bulk sijp-board and such body water in bulk up to the amount ~:t~: to  by such body or if the total demand of the receiving receiving in excess of the available supply, up to such proportion bodip~ of each receiving body as the board may determjnp~ provided that the quantity of water supplied per capita to the new delhi municipal committee by the municipal corporation of delhi immediately before the commencement of this act gball not be reduced after such commencement except with the previous permission of the administrator 5 rt!ceiving bodies to pay actual cost of supply of water 23 (1) each receiving body shall pay for the water supplied to it the actual cost of supplying such water at a rate in respect of each thousand gallons of water supplied (hereinafter referred to as "the final issue rate") calculated in the manner prescribed in this section 10 (2) the final issue rate shall be calculated for each year after the accounts of the year have been closed by dividing the amount of expenditure incurred by the board in relation to water supply during the year by the number of thousand gallons of water supplied by the board during that year to the receiving bodies 15 (3) for the purpose of sub-section (2) there shall be taken into account any sum carried in the year to the credit of the development fund referred to in sub-section (1) of section 37 and such items of expenditure incurred by the board as may be determined by rule~ made by the administrator in this behalf 20 provisional collecting rate 24 (1) pending the calculation of the final issue rate for any year, payments of water supplied during that year to any of the receiving bodies shall be made provisionally at an estimated rate (hereinafter referred to as "the couecting rate") (2) the collecting rate shall be calculated at the time of framing the budget estimate of the board for the year by dividing the 25 sum of the amount of the estim lted)expen::liturelof the board;in' relation tll waterfsupply in that year and of an additiooof fi \·ehlerlcent of that amount 'iv the number of thousand gallons of water estimated as likely  ) be supplied during that year ~ll (3) if any difference of opinion arises as to the supply of water -to be estimated for the purpose (if ascertainment of the collecting rate, the decision of the \dministrator thereon shall be final (4) every receiving body shall pay on demand after the close of each quarter of each year the cost of the water supplied to it 5 in that quarter calculated at the collecting rate 3 (5) nothing in this section shall preclude the board from arranging with the consent of any receiving body and in accordance with any order issued by the administrator for advance payments by , such body of the cost (calculated at the collecting rate) of such ~oj quantmes of water as are likely to be supplied to each of the receiving bodies in each quarter or for such other period as may be determined by the administrator 25 (1) if the final issue rate for any year exceeds the collecting final set-~ 5 rate determined for that year, the balance due shall be recovered tlement of from the receiving body concerned accounts (2) if the final issue rate is less than the collecting rate, the excess collection shall be refunded to the receiving body concerned supply of meters 26 (1) for the purpose of' measuring and recording the amount of water supplied to each receiving body, the board shall cause to be- affixed meters at the points of junction between the communication pipes of the receiving body concerned and the mains or belonging to the board and the cost of such meters shall be borne by the board (2) it shall be presumed until the contrary is proved, that the of water supplied through any connection is the quantity liildii"d'toi'l by the meter fixed to that connection r  27 (1) if any receiving body desires to have any meter tested, testing of make an application in this behalf accompanied by a fee of meters   hundred and fifty rupees to the board and on receipt of such and fee, the boara shall forthwith cause the meter to t~sted at a time and place of which due notice shall have been  to such receiving body if the meter is found, on being tested, to be incorrect, the sball be bound to replace or repair the same and to refund fee paid under sub-section (1) together with such sum, if any, proved to the satisfaction ~)f the board to have been paid in by reason of the incorrectness of the meter  sewclge dis-posalboard may specify the place or places at which all to be disposed of by the !\iunicipal corporation of delhi or delhi municipal committee shall be delivered to it: board to specify places for delivery ofsew8ge   ylln  ,  that any place which before the commencement of this used for the delivery of sewage by the new delhi municittee to the municipal corporation of delhi shall be deem-- place specified for the purpose aforesaid under this sec-restriction regarding discharge of sewage 29 on and from such date as may be appointed by the ad ministrator in this behalf no sewage shall be discharged into any water course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged board to receive sewage 30 '(1) the board shall be bound to receive in bulk from the municipal corporation of delhi and the new delhi municipal committee all sewage delh'ered to it by the said corporation or committee and dispose of such sewage: provided that neither the municipal corporation of delhi nor ie the new delhi municipal committee shall execute any major work calculated to increase the normal discharge of sewage without the concurrence of the board (2) sewage received in pursuance of the provisions of sub-section (r) shall be the property of the board and any income derived h from the sale of affluent or sludge shall be credited to the fund  of the board if any disa~eement arises between the board and the municipal corporation of delhi or the board and the new delhi municipal committee as to the effect of the execution of any work 20 or the doing of anything the matter shan be referred to the administrator whose decision thereon shall be final payment of cost of disposal of sewage :u (1) subject to the provisions of section 43, the total d(~t cost of the disposal of all sewage shall be borne by the municipal corporation of delhi and the new delhi municipal committee in 25 such proportion as the administrator may from time to time determine ~  ~ -  : r (2) in determining the total net cost of disposal of all sewage ;'1curred by the board as may be determined by rules made by the administrator shall take into account such items of expenditure 30 :he administrator in thi!o'= hehalf 32 (1) the estimated net cost of the disposal of sewage increased by five per cent shan be payable on demand bv the municipal corporation of delhi and the new delhi municipal committee after the close of each quarter of each year in accordance with the pro- 35 portion determined under sub-section (1) of section 31 manner of payment by the municipal corporation of delhi and new delhi municipal committee of (2) if the sum su paid by the municipal corporation of delhi ',r the new delhi municipal committee in any year exceeds or is less than the sum payable bv it on the basis of the actual cost as determined under section 31 ~ the payments to be made by the 40 h ' municipal corporation of delhi or t e new delhi municipal com- proportion of mittee, as the case may be, in the following year shall he adjusted cost of accordingly disposal of (3) nothing in this section shall prcc 1 ude the board from arrang- sewage 5 ing, with the consent of the municipal corporation of delhi or the new delhi municipal committee and in accordance with any llrders issued by the administrator for advance payment by the municipal corporation of delhi or the new delhi municipal com-~ mittee, as the case may be, of such portion of the cost of the dis-10 posal of sewage as is likely to be borne by it in such quarter or such other period as may be determined by the administrator  chapter iv revenue, finance, accounts, audit and budget33 (1) the board shall have its own fund and all receipts of fund of is the board shall be credited thf'reto and all payments by the board board shall be made therefrom (2) except as otherwise directed by the administrator, all moneys belonging to the lund shall be deposited either in th(; reserve bank of india or with the agents of the reserve bank of india or invested in such securities as may be approved by the administrator it 34 the fund required by the board may be raised from the f01- sources , :"lowing sources, namely: -of fund (a) grants from the central government or any other source; (b) loans from the central government or any other sourcei (c) charges levied and collected under this act 35 the board may, with the preyious approval of the central b  orrowmg "~'velt'runent, borrow money in the ilpen market or otherwise fur powers, the purpose of raising its wurkmg capital or for the purpose of meeting any expenditure of a capital nature )6 for the purpose of enabling the board to discharge its functions  thi a '1 ,~ (jlants by set, the ct:1ltl'<l ~o\'ernm\!l1t may, attt!i' due appropnation made central parliament by inw in this behalf, pay to the board in each year such governmenl f  'd 10 the board o money as thtt uovernmedl ~1li1si ers necessary by way of grant, or otherwise  - (1) the board shall make such provisions for depreciation provision for development, reserve and other funds as the central gov- for depremay from time to time direct cilltion add , i '  for develop-, the management of the said funds, the sums to be carried =' :; time to time to the credit thereof and the application of the other , comprised therein shall be determined by the board: funds provided that no fund shall be utilised for any purpose othel' than that for which it was created without the previous approval of the central government power of -38 the board shall h<l\'c power to spend such sums as it thinks board to lit on objects authorised under this act and such sums shall be 5 spend treated as expenditure payable out of the fund of the board budget 39 (1) the board shall, by such date in each year as ma"}':be prescribed, prepare and submit to the administrator for approval a budget for the next year showing the estimated receipts and ~xpenditure during that year in such form as may be prescribed 10 (2) subject to the provisions of sub-sections (3) and (4), no sum shall be exp:nded by or on b!h:lf of the board unless the expenll1~ure of the sum is covered by a current budget grant appruved by the administrator (3) subject to such conditions and restrictions as may be specified in this behalf by the administrator, the board may sanction iny reappropriation within the grant from one head of the expeu-ul:ure to another subject to the condition that the aggregate budget :rant is not exceeded (4) the board may, within such limits and subject to such conditions as may be prescribed, incur expenditure in excess of the limit provided in the budget approved by the administrator under any head of expenditure accounts and audit 40 (1) the board shall maintain proper accounts and other lop cords and prepare an annual statement of account including profit and loss m:count and the balance sheet in ~uch form as may oc prescribed by the administrator in consultation with the comp-(roller and auji[or-gen:rcll of india (2) the accounts of the board shall be audited annually by comptroller l1\d auditor general of india and iiy incurred by him in connection with such audit shall be payable by the board to the comptroller and auditor-general of india (3) the comptroller and auditor-general of india and person appointed by him in connection with the audit of accounts of the board shall have the same rights, privileges authority in connection with such audit as the comptroller and ditor-general of india has in connection with the audit of ment accounts and, in particular, shall have the right to demand production of books, accounts, connected vouchers and other menta and papers and inspect any of the offtees of the board (4) the accounts of the board as certified by the comptrouer and auditor-general of india or any person appointed by him in th:s behalf together with the audit report there:>a shall be forwarded annually to the administrator and the administrator shall cause ; the same to be laid before the metropolitan council of delhi  chaprer v miscellaneous'-41 if the board places or carries any pipe or does any work power to ;'" ~ connected with the water supply or sewage disposal across any require i;·io railway line, it may, with the sanction of the central government lrailway , d h  fi d ' h 'i d' ' evel, etc, an at t e cost ot its un requlre t e rll wdy a ministration to to be iijr raise or lower the level thereof raised or  , lowered 4z• (1) without the written permission of the board, no railway buildings or private street shall be constructed and no building, wall, fence railways other structure shall be erectld on any water works cons- and ~itnjctc:d or llldintalqed by, or vested in, the board ~:~e~!e (2) if any railway or private street be constructed or any not to be wall, fence or structure erected on any water works as erected or without the written permission of the board, the board construct_ cause the same to be removed or to be deut with iq such mw~ner ed over it thinks fit water works without permis_ sion  (3) the expenses incurred by the board in so doing shall be by the owner of the private street) or of the building, fence,  or other structure, or, as the case may be, by the railway adtion or the person offending and shall be recoverable as an of land revenue (1) the board may cause to be placed and maintained aqueconduits and lines of mains or pipes over, under, along "'018 any immovable property without acquiring the same and any time for the purpose of examining, repairing, altering any aqueducts, conduits or lines of mains or pipes rights of user of property for aqueducts, ines etc lin,'piillia any ,of its officers to enter on any property over, under, pr across which the aqueducts, conduits or lines of mains or have been placed: that the board shall not acquire any right of user in property uver, under, along or across which any aqueduct or line of mains or pipes is placed powers conferred by sub-section (1) shall not be in respect of any propeny vested in the union or under or management of the central government or railway administration or vested in any local authority save with the permission of the central government or railway administration or the local authority, as the case may be, and in accordance with any rules made in this behalf: provided that the board may, without such permission, repair, 5 renew or amend any existing works of which the character and composition is not to be altered if such repair, renewal or amendment is urgently necessary in order to maintain without interruption the supply of water or disposal of sewage or is such that delay ',,-,ould be dangerous to health, human life or property 10 disputes as to liability for payment to c: by board (3) in the exercise of the powers conferred upon it by tills section, the board shall cause as little damage and inconvenience as may be possible and shall make full compensation for any damage lr inconvenience caused by it m \ 1) if any dispute arises between the board and any receiv- 15 ing body as to the liability of that receiving body to pay any sum demanded by the board or as to the amount of any refund, from the board, then, that receiving body may require the board to reter the matter in dispute to the administrator and the decision of the administration thereon shall be final: 20 provided that where the dispute relates to the liability of ally receiving body to make any payment to the board, the payment shall be made' to the board pending the decision of the administrator (2) in making any ,such reference, the board shall furnish t~ 25 the administrator and the receivid body concerned a full statement of the grounds of ~e dispute and the administratot" shall consider that statement together with a like statement received from the said receiving body within six weeks of the date of the reference 45 if any receiving body does not, within one month of the re- 30 ceipt of demand for any sum claimed by the board, pay such sum, 41 the administrator may, on the requisition from the board in this i behalf,-summary recovery of sums due from reeeiving bodies (a) if the balances of that receiving body are kept in the government treasury, order the officer in charge of the trea- ~5 sury to reduce the balances at the credit of that receiving body by the amount of the sum due and pay that amount to the board, or (b) in any other case, deduct the amount of the sum due from nny contribution or sum payable by the central government to 40,' that receiving body and pay the amount so deducted to the board " 48 without the previous permission of the administrator, the board shall not,-board n, 5 (a) give up any scheme of work in relation to bulk water supply or sewage disposal approved by the municipal corpor<ltion of delhi before the commencement of the delhi municipnl corporation (amendment) act 1966, or to gi ve l: certain works, etc, witl out permission (b) give up or slow down the execution of any work undertaken by the municipal corporation of delhi in pursuance of any such scheme 10 "p' 47 the' central government may, for reasons to be recorded, direct tha't aliy specified work, repair renewal or replacement i employment of government agencies for repairs, etc power oj entry, i which is to be undertaken bv or for the board under this act shall (!  'ie'carrld out on behalf of the board by the emtrs) government i aad'the board shall pay the charges therefor at the rates and sub-' isi''''to the terms for the time being apj)licable in the case of work - ",:) ~; ~4:onstrueted by that government on behalf of a local authority '48 whenever it is necessary for the board to carry out any of "works or to make any survey examination or investigation prc- ·,,·"""'--"riary or incidental to the exercise of powers or the performance 'of duties by the board under this act, any officer or other em- dloyee of the board genpra lh·"'" specially empowered by the "j:sollra may enter upon any land or premises between sunrise anct eudset after giving a reasonable notice of the intention to make such to the owner or occupier of such land or premises and at any _1di:me with the ·consent in writing of the owner or occupier of m  ua,q or premises for the purpose of carrying out such works lqakfng of such survey, examination or investi2ation,   ' notwithstanding an~-rhine cnnt::lined in thi~ act if at any time the supply of find h h 'i hi  h' , , f h ' water b\ stat t e watf'r a\':1j ~i e wit it is tn excess n t e requirements board t', receiving bodies unde~ sectinn 72 the board may, with-the permis- bodies ' the administrator suppl\' such exc("ss w~ter to any hody in any outside dc to delhi on such terms ::ind c('lflditions as mav he aereed the board rnd that hody   any person who-penalty ' (a) wilfully obstructs any person acting under the autho-i'ity of the board in setting out the line of any works or pulls bt removes any pillar post or stake fixed in the ground for of setting out the hnes of such works, or defacl?!'  , any works made for the same purpose or wilfuljv or negligpntlv hreaks injures or opens any '  -__- valve, pipe or other water or sewage work belon~­board, or llv ohstructs the flo",' of or flushes draws off takes water from, any water work belonging to the  board, or any water or stream by which any such water wori<: is supilued, or (d) unlawfully obstrl1"· the flow of, or flushes, draws off diverts or takes sewage from any sewage work belonging to the board, or breaks or damages any electrical transmission line 5 maintained by the board, or (e) obstructs any officer or other employee of the board in the discharge of his duties under this act, or refuses or wilfully neglects to furnish him with the means necessary for making any entry, inspection, examination or inquiry there- 10 under in relation to any water or sewage work, or (f) bathes in at or upon any water work, or washes, throws or causes to enter therein any animals, or throws any rubbish, dirt filth or other offensive matter into any water worl or washes or cleans therein any cloth, wool or leather or the is skin of any animal or causes the water of any sink, sewer or drain or of any steam engine or boiler or any other dirty water to tum or be brought into any water work or does any other act whereby the water in any water work is fouled or likely to 20 be fouled, shall be punishable with fine which may extend to one thousand rupees (i all members of the board and all officers and other employees of the board shall be deemed when acting or purporting to act in pursuance of any of the provisions of this act or of any 25 other law, to be public servants within the meaning of section 21 of the indian penal code 451 members , officers and other employees of board to be public servants power of ad-s2 (1) the administrator may jrive to the board ~eneral insmfnistrator tructions to be followed by the board and such instructions may in-10 give instructions to elude directions relating to the recruitment and conditions of ser- 30 board vice of officers and other employees of the board (2) tn the exercise of its powers and performance of its duties under this act the board shan not depart from any ~eneral instruction issued under sub-section (1) except with the previous permission of the administrator 3~ s3 (1) thp administrator may by notification in the official gazette, make ru1es to give pff  rt to the provisions of this act power to make rules (2) in particular and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely:-5 (a) the term of effice (if, and the manner of filling casu(ll vacancies among, the members of the board under sub-section (1) of section 5; 10 (b) the salaries and allowances and other conditions of service of the cha~rman, the member (engineering) and the member (finance) and the allowances payable to the elected members of the board, under sub-section (2) of section 5; (c) the items of expenditure incurred by the board that may be taken into account for the purpose of calculating the final issue rate under sub-sectio, u) of section 23 or for determining the total net cost of disposal of all sewage under subsection (7) of section 31; jj , (d) the date by which and the form in which the budget shall be submitted in each year under sub-section (1) of sec- ":on 39; 40_ (e) the limits within which and the conditions subject to which the board may incur expenditure in excess of the limit provided in the budget under any head of expenditure under sub-section (4) of seetio- 30; <f) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 40;  (g) the conditions subject to which the board may exercise the ' powers conferred by section 43 in respect of property vested in  the union or under the control or management of the central government or rajjw~y administration or ye5trd in any local authority; (h) any other matter which is to be or may be prescribed (3) every rule made under this section shall be laid as soon as be after it is made before each house of parliament while it is j\r~tesslon for a total period of thirty days which may be comprised ~ • 'i"&£" session or in two successive sessions and if before the expiry the session in which it is so laid or the session immediately followboth hruses agree in making any modification in the rule or both nougl'''': agree that the rule should not be made the rule shall therehave efft"ct only in such modified form or he of no ,ffect n~ the may bp ; s(i howev<"1", th:lt any ~uch modification or annulment be without prejud;ce to the "alidity of a'lything previously awi&ii'ler that rule the board may, with the previous approval of the admi- p t  ower 0 by no":ficat: '" in the official gazette, make regulations, make re_ im:c:ilnsiiste~nt with this act and th, rules made thereunder, for gu}ations, enabling it to perform or discharg s duties or functions under this act (2) in particular and without prejudice to the generality of the foregoing provision, such regulations may provide for all or my of thl: following matters namely:-5 (a) the time and place of meetings of the board and the procedure to be followed in regard to tran~action of business at such meetings under section 10; 10 (b) the manner in which and the purposes for which persons may be associated with the board under section 11; (c) the conditions of appointment and service and the scales of pay of the officers and other employees of the board, under sub-section (2) of section 15; (d) the rates at which, and the terms on which, the board may make provision for depreciation and for development, reserve is i and other funds under section 37 (3) the administrator may, by notification in the official  gazette, amend, vary or rescind any regulation which the adminf!! '!l trator has appro\'ed; and thereupon the regulation shall have effect ji accordingly but without prejudice to the validity of any thing pre- viously done under that regulation or to the exercise of the powers the board under sub-section (1) as soon as may be after the commencement of this act, before the constitution of the board under sub-section (1) of 3, the administrator shall, after consultation with the corporation of delhi, determine-power of administrator to determine stores articles, etc (a) which stores articles and other movable belonging to or vested in the municipal corporation for the purpose of the delhi water supply and sewage ~  -undertaking are being used or utilised or are required municipal corporaticn of delhi for the maintenance, extension of the works or (lther property specified in the second scllcui! (b) which debts, obligations and liabilities have curred, which contracts have been entered into and matters and things have been engaged to be done by, with the municipal corporation of delhi in relation to the articles and other movable properties referred to in or in relation to the works or other property ~pecifit'd in the s~~ dule' or in connection with the maintenance, repair sion of such works or other property; (c) which officers and other employees of the municipal corporation of delhi are serving that corporation and are required in connection ',\'ith the maintenance, repair or extension , or any matter incidental thereto, of the works or other pro-[, perty specified in the sec>nd ~chedu1e, ~ 56 on the constitution of the board under sub-section (1) of " section 3,-vesting of certain properties (a) the works and other property specified in the second schedule in the  !~nd all stores, articles and other movable properties referred to boar~ ,and  " provision in clause (a) of sectlon 55 and all mterests of what so ever nature regarding and kind therein belo:1ging to or vested in the municipal cor- debts, lil'iinrlllnlln of delhi for the purpose of the delhi water supply obliga-disposal undertaking immediately before such tions, em , ployees rftil\9titultioln shall vest in the board; etc ' ' • ul(b) all debts, obl:gations and liabilities, all contracts and all 1il81aej~s and th!ngs, referred to in clause (b) of section 55 and immediately before such constitution, shall be deenave been mc:ll"red, entered into or engaged to be done _  ' •• h or for the board; all suits, prosecutions and other legal procl!!dillgs· insor which might have been instituted by or against the wi::lpiu' corporation of delhi immediately before such consrelation to the work  and other properties and inutpiill;"~i'ft vested in the board under clause (a) may be instituted by or against the board; notwithstanding anything contained in section 15, 1tmin!? and other employee of the municipal corporation to in clause (c""" of section 55 shall be trans-' -- and become an officer or other employee of the board "'~il[lla 'on as the board may determine and shall hn1d the same tenurt", on the same remuneration and undf'r terms and conditions of service as he would have held lame if the board had not been constituted and shall con-j~ be so unless and until such tenure, remuneration and conditions of service are duly altered by the board: iwjlaed that the tenure, remuneration and terms and conservice of any such officer or other employee shall not to his d;sad\'a:ltage without the approval of the cennu:jrlent: further that any sen'ice rendered by any such employee before the constitution of the board to be service rendered under the board payment of value of assets and liabilities s7 (i) where  ue sum total of the value of the works and othel properties and interests therein vested in the board under clause (a) of section (hereinafter in this section referred to as "the assets") exceeds the wm total of the debts, obligations and liabilities which are deemed to have been incurred by the board under 5 clause (b) of that section (hereinafter in this section referred to as "the liabilities"), such excess ~hall be treated as a loan made to the board by the municipal corporation of delhi and such loan shall be paid by the board to the municipal corporation of delhi on such terms and conditions as may be determined by the central govern- 10 ment in this behalf (2) where the sum total of the liabilities exceeds the sum total of the value of the assets, such excess shall be paid by the municipal corporation of delhi to the board on such terms and conditions as may he determined by the central government in this behalf r5 (3) the sum total of the value of the assets and the sum total of the liabilities shall be such amounts as may be arrived at by agreement between the board and the municipal corporation of delhi and where no such agreement can be reached, the amounts shall be determined by an arbitral tribunal con:isting of one nominee of 30 the board, one nominee of the municipal corporation of delhi and a chairman to be nominated by the chief justice of the high court exercising jurisdiction in relation to delhi (4) an appeal shall lie to the aforesaid high court against the decision of the tribunal and the order of the high court on such 25 appeal shall be final power to supersedt· board s8 (1) if the central government, on receipt of a report from the administrator or otherwise, is satisfied that the beard is unable to perform or has persistently made default in the performance of the duties imposed on it by or under the provisions of this act or has exceeded or abu~ed its powers, the central government may, by·· notification in the official gazette, supersede the board for ~uch period as may be specified in the notification: provided that before issuing a notification under this sub-section, the central government shall give a reasonable time to the board to show cause why it ehould not be superseded and shall consider the explanations and objections, if any, of the board (2) upon the publication of a notification under sub-section (ll superseding the board,-(a) all the members of the board shall, as from the date supersession, vacate their offices as such member; (b) all the powers and duties which may by or under the i: provisions of this act or of any other law, be exercised or per-", formed by or on behalf of the board, shall, during the period of wft; supersession, be exercised and performed by such person or per-~:;,' ~~ sons as the central government may direct; l (c) all works and other properties vested in the board shall, pi during the period of supersession, vest in the central government (3) on the expiration of the period of supersession specified in issued under sub-section (1), the central govern-" (4) extend the period of supersession for such fu,rtber : term as it may consider necessary, or , (b) reconstitute the board in the manner provided in sec-,'tiod 3 an order of supersession made under this section together a statement of the reasons therefor shall be laid before each of parliament as soon as may be after it has been made ~{i  ,if any difficulty arises in giving effect to the provis~ons of power to the central government may, by order, as occasion reo- remov,:  anything which appears to it to be necessary for' the duilcal~ ,pf removing the difficulty: ijv1f'lm that no such order shall be made after the expiration years from the constitution of the board under section 3  the first schedule[see sections 17 (:z) and 22]  part aat which the boa1"d shall be bound to supply wate'! in bulk , to the municipal corporation oj delhi 6 new rajinde1' nagar 7 shadipur 8 kalkaji 9 cantonment 10 industrial area "  ii overhead tank at shahdara  part bplaces at which the board shall be bound to supply water in bulk to the new delhi municipal committee 1 jhandewalan reservoir 10 2 talkatora reservoir 3 hasanpur reservoir 4 cantonment reservoir  part cplace at which the board shall be bound to supply water in bulk to 15 the military engineer servic(!s, delhi can!onment~ ~ ''0/ cantonment reservoir :~1~'s 1,- the second schedulet  , , (see section 55 and 56)  part a~ 'f _t' list of works and olher property relaling to waler supply (1) at wazirabad (a) wazirabad barrage (b) all spurs, bunds and guide hanks (c) river training works (d) river intakes and regulator with pipes and channels (e) raw water sumps and pump houses and pumps (f) raw water rising mains (g) raw water settling tanks with thickener plant (h) raw water conduits up to the chandrawal i and 'u (i) new 1st 40 mgd water treatment plant complete up to the end of 'clear water pump house (j) land and staff quarters (k) steam plant (2) at chandrawal i and ii (a) complete installations with treatment plants, pump houses, pumps, clear water reservoirs, channels and pipe~ (b) land and staff quarters, canteen and dispensary (c) workshop , '  ~" '" (d)" godowns : (e) steam plant ~:'(3) at intake works, okhla ~~ (a) intake pier "j' ~\' ~r , '(b) suction wells   ' !ife) raw water pump house and pumps milia i :':; (d) raw water rising mains up to treatment plant near jamia tr, io"x 12"x 24" dia t~"'(e) land, staff quarters and compound wall ~(,_l ~, t~eatment plant, jamia milia treatment plants and installations clear water reservoirs 'clear water pump house and pumps , , land, staff quarters and compound wall all rising mains connecting various treatment plants and rmging in size from i:l' to 48-along with accessorie , ftt~ings all reservoirs located at the followin,:jlaees along with _d staff quarters rani jhansi flagsta1t" (d) jhandewalan (e) talkatora (f) upper ridge (g) new rajinder nagar (h) shadipur (i) hasanpur (j) kalkaji (k) cantonment (l) industrial area (m) rcc overhead tank shahdara 10 (7) booster pumping stations and office q1,larters located at··-(a) jhandewalan (b) talkatora (c) patel road (d) rajinder nagar 15 (8)  all bulk water ~ply venturi and other meters located at various reservoirs and rising main tapping points along with chambers and piping (9) staff quarters at arambagh square   partb  list of works and other' property nl4ting to sewage disposal(1) okhla sewage' treatment plant including irrigation channels (2) kilokri sewage pumping station including rising main up to the gravity duct 25 (3) ring road sewage pumping station including rising main '" up to gravity duct (4) gravity duct from kilokri pumping station to okhla  sewage disposal works (5) 66" dis, out-fall sewers (new and old) from q point' up to jo kilokri pujdlllag station (6) i~ x f4 r dia sewer from tuak bridge up to q point (7) s'-4"x 8'-0' gg shaped sewer from vinay nagar up to t kilokd pumping station ':1 (8) s4"-7s"-90"-los"dia trunk sewer from delhi gate to ring road pumping station s (9) 48" dia cross connecting sewer between old and new trunk sewers along bhagwan das road, cornwallis road and along barapulla nallah (10) north sewage treatment plant near coronation pillar including irrigation channels (11) najafgarh nal1ah pump house including 37" dia rising main up to the purification plant 10 (12) 48" dia trunk sewer from anda mugal pump:ng station up to pump house (13) west delhi sewage treatment plant near keshopurvillage in·cluding pumping station add irrigation channels is (14)f6" dia trunk sewer along najafgarh road from junction p jt~l road up to the purification plant (15) duplicating rising main from ring road pumping station to high level gravity duct,  (16) extension of ti' unk sewer from delhi gate to red fort (17) trunk sewer along jail road from delhi-ambala railway line up to existing 66" dia sewer (phase i)  statement of objects and reasonsthe water supply and sewage disposai undertaking of the municipal corporation of delhi is at present in ·charge of proc 's5-ing and distribution of drinking water within the local limits of the corporation the undertaking also makes bulk supplies of drinking water to the new delhi municipal committee and the military engineer services, delhi cantonment, and is also responsible for the disposal of sewage in the corporation and new delhi areas with a view to meet the expanding water supply requirements of delhi and to deal with effectively the problem of sewage disposal, it is proposed to constitute a separate statutory board, namely, the delhi water supply and sewage disposal board to be in charge of processing of water and making bulk supplies thereof to the municipal corporation of delhi, the new delhi municipal committee and the military engineer services, delhi cantonment and of the disposal of ~wage in the corporation and new delhi areas the bill is intended to at!hieve these objects 2 the salient features of the bill are as under:-(i) the board to be constituted under the bill will be a body corporate and wi'll consist of six members of these, two will be elec~ed by the members of the metropolitan council of delhi and one by the members of the municipal corporation of delhi, from among themselves and the other three members (including the ojairma" will be appointed by the administrator (ii) the board will be charged with the general duty of providing bulk supply of water to the municipal corporation of delhi, the new delhi municipal committee and the military engineer services, delhi cantonment and of making adequat~ provision for the disposal of sewage delivered to it by the municipal corporation of delhi and the new delhi municipal committee (iii) the quantity of water that may be supplied to ~a aforesaid receiving bodies is to he 'itpci ", agreement betweellt the board and the concerned receiving body and in case where: the total demand of the receiving bodies is in excess of i" available supply, the board will determine the proportion • ·  which the water is to be supplied to each receiving body :~: ~;:  --0 (iv) the expenditure incurred by the board on the supply ,,:~:~ municipal committee all sewage delivered to it by the said ii;'~f' water to the receiving bodies will be recovered from the  _odies in the same proportion as the supplies are made to them 1:';(' (v) a duty has been cast on the board to receive in bulk , ,}'fv'from the municipal corporation of delhi and the new delhi }~~ corporation or committee and to dispose of such sewage    " (vi) the total net cost of the disposal of the sewage will bp  borne by the municipal corporation of delhi and the new pel hi municipal committee in such proportion as the adminis-'trator may from time to time determine and the same will have be paid by the said corporation and committee to the board (~i) in order to enable the board to discharge its functions, iprovision has been made for the making of payments by the central government to the board, by way of grant, loan or (viii) provision has been made for audit of the accounts of the board by the comptroller and auditor-general of india (ix) if at any time the board finds that the water available it is in excess of the requirements of the municipal corporation of delhi, the new delhi municipal committee and the tary engineer services, delhi cantonment, the board may , with the previous permission of the administrator, such to any body in any state contiguous to delhi on such and conditions as may be agreed between the board and body (x) certain works and other property of the existing water lupi"and sewage disposal undertaking of the' municipal r2\l'nn1~~honof delhi specified in the second schedule to the (including those stores, articles and other movable properwhicl} are being used or utilised or are required by that ~~u·ltion for the maintenance, repair or extension of such or other property) and the liabilities relating thereto j>r')posed to be transferred to the board provision has beo!n made for the allocation of officers and other employees ·water supply and sewage disposal undertaking between • municipa'1 corporation of delhi and the board and for ii  adjustments between that corporation and the board l'f'sult of the division and transfer of assets and liabilities undertaking to the board (xi) provision has been made enabling the central governlllel1t to, supersede the board in case where the central government is satisfied that the board is unable to perform or has p~rsistently made default in the performance of the duties imposed on it by or under the provisions of the act or has exceeded or abused its powers :~ the other provisions of the bill relate to matters which are incidental to the proper functioning of the board   new deliii; gl nanda the 2ist august, 1966 t, , '' ,,  president's recommendation under article 117 of the constitution of india[copy of letter no 3/io/66-sr, dated the 23rd au~t, 1966 frold,~ shri jai sukh lal hathi, min~r of state in)he ministry of home affairs to -the secretary, lok sabha:] '~f' the president having been infonned of the subject matter of the bill to provide for the constitution of a board for the maintenance, development and regulation of water supply and sewerage services in the union territoty ' of delhi and for matters connected therewith recommends, under "'&g"-''''-''~ ~d (3) of article 117 of the constitution, the introduction of the said in 'ind 'itseonsideratioo by the loksabha  financial memorandumclause 36 of the bill empower5- the central government to make grants or loans to the board under clause 47 of the bill, the central government may direct that any specified work, repair, renewal or replacement which is to be undenaken by or for the board shall be carried out on behalf of the board by the central government and the board shall pay the char~es therefor at the rates and subject to the terms tor the time being applicable in the case of work constructed by that go\"ernment on behalf of a local authority to meet the capital requirements of the delhi \x'atcr supply ;mj sewage disposal undenaking of the municipal corporation of delhi, loans amounting to rs 225 lakhs and rs300 lakhs were advanced to the undertaking by the central government during the years 1964-65 and 1965-66 respectively and a provision ofrs 330 lakhs has been made for the purpose during the current financial year, ie, 19<)6-67 a suhstantial part of such loan assistance would have to be made available to the bnard when it is constituted to meet its requirements the provisions of claut;e 47 are of enabling nature only and the contingency of incurring initial expenditure in relation to matters specified in that clause would, if at all, arise only atter the constitution of the board and after watching its working clauses 5 23 31 39, 40 and 43 contain inter alia provisions em;>owering the administrator to make rules with respect to the following: : (a) the terms of office of, and the manner of filling casual vacancies among the members of the board, the salaries and al10wances and other conditions of service of the chairman, the member (engineering) and the member (finance) and the allowances payable to the elected members of the board (clause 5, ; (b) the items of expenditure incurred by the board that may be taken into account for the purpose of calculating the final i:,sue rate and for determining the tota'l net cost of disposa] of all sewage (clauses 23 and 31): (c) the date by which and the form in which the budget 3hall be submitted in each year, the limits within which and the conditions subject to which the board may incur expenditure in exeess of the limit provided in the budget under any head of expenditure (clause 39); (el) the form in which the annual statement of accounts shan lie prepared (clause 40); and (e!) the conditions subject to which the board may exercise the pclwers in respect of property vested in the union or under the control or management of the central government or railwl:iy administration or vested in any 'local authority (chmse 43) 2 clau:ses 10 11, 15 and 37 empower the board to make regulations in re!spect of the following:-(a) the time and place of meetings of the board and the procedure to be followed in regard to transaction of business at such meetings (clause 10); (b) the manner in which and the purposes for which oersons may be a~s(\~iated with the board (clause 11); (c) the conditions of appointment and service and the seales of pay of the officers and other employees of the board (clause 15): 811d (d) the rates at which and the terms on which the board may make provision for depreciation and for development reser-ve and other funds (clause 37) 3 the above are matters of administrative detail and the del~ga r of legislath-e power is, therefore_ of a nonnal character  a billto provide for the constitution of a board for the maintenam  'e, development and regulation of water supply and sewerage services in the union territo):y of delhi and for matters connected therewith (shri gulzarilal n anda, minister 0/ home affairs) 