Bare Acts Live

Maharashtra Jeevan Authority Act, 1976

Maharashtra Act No. 48 of 1976

MH114

Chapter I

Preliminary

(i) [Authority] means the Maharashtra [Jeevan] [the Authority] established under Section 3;

(ii) "bye-laws" means bye-laws made under this Act;

(iii) "cess-pool" includes a settlement tank or other tank to receive or dispose of foul matters from any premises;

(iv) "Chairman" means the Chairman of [the Authority]

(v) "communication pipe" means any pipes 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;

(vi) "connection pipe" means any water pipe from a ferrule to stop-cock connecting the main of the local body or [the Authority], as the case may be, with the service pipe;

(vii) "consumer" means any person getting the benefit of any water supply or sewerage service from the local body or [the Authority], as the case may be;

(viii) "domestic sewage" means waste water from residential premises, boarding and lodging houses, hostels, hotels, public places, offices and all such establishments as are not a part of any trade or industry, and arising out of personal and normal human activities such as drinking, bathing, ablution, washing and cooking;

(ix) "drain" means a sewer, tunnel, pipe, ditch, gutter or channel or any cistern. flush-tank, septic tank or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water or sub-soil water, and includes any culvert, ventilation shaft or pipe or other appliances or fittings 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;

(x) "ferrule" means a ferrule connecting the connection pipe with the main;

(xi) "local area" means the area falling within the jurisdiction of a local body;

(xii) "local body" means means a Municipal Corporation, Municipal Council. Zilla Parishad or Village Panchayat established under any law for the time being in force;

(xiii) "Maharashtra Environmental Engineering Service" means the organisation functioning for this purpose as a wing of the Urban Development and Public Health Department of the Government of Maharashtra [and comprising of the following categories of officers and servants, namely:-

(xiv) "main" means a pipe laid by the local body or [the Authority], as the case may be, 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 pie;

(xv) "Member" means a Member of [the Authority], and includes the [Chairman, Co-Chairman and] [the vice-Chairmen] of [the Authority];

(xvi) "Member Secretary" means the Member Secretary of [the Authority];

(xvii) "non-official Member" means a Member, not being an ex-officio Member;

(xviii) "occupier", in relation to any premises means the following:-

(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) an owner is in occupation of those premises;

(c) a tenant of those premises who is exempt from payment of rent;

(d) a licensee who is in occupation of those premises; and

(e) any person, who is liable to pay damages to the owner in respect of use and occupation of those premises;

(xix) "owner", in relation to any premises, means the person 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-

(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 mortgagee-in-possession;

(xx) "premises" means any land or building or any part of a building;

(xxi) "prescribed" means prescribed by rules;

(xxii) "private street", "public street" and "street", in relation to any local area shall have the meanings assigned to them in the law relating to the local body having jurisdiction over that local area;

(xxiii) "regulations" means regulations made 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 water is supplied to any premises;

(xxvi) "sewage" means night-soil and other contents of 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 conduct for carrying sewage, offensive matter, polluted water, waste water or sub-soil water;

(xxviii) "sewerage" means a system of collection of waste water from a community from its .houses, institutions, industry and public places, the pumping treatment and disposal of such waste water, effluent, sludge, gas and other end products:

(xxix) "stop-cock" means a stop-cock fitted at the end of the connection pipe away from the main for the purpose of switching off and regulating the water supply to any premises;

(xxx) "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 it does not include domestic sewage;

(xxxi) "water connection" includes-

(a) any tank, cistern, hydrant, stand-pipe, meter or tap, situated on any private property and connected with a main or other pipe belonging to the local body or [the Authority], as the case may be;

(b) the water pipe connecting, such a tank, cistern, hydrant, stand-pipe, meter or tap, with such main or pipe;

(xxxii) "water supply" means a system of providing water to a community for meeting its requirement for drinking and other domestic uses, industry, recreation and various public uses:

(xxxiii) "water works" includes water channel (including stream, lake, spring, river or canal, well, other underground water source, pump, galleries, reservoir, cistern, tank), duct, whether covered or open, treatment units sluice, supply main culvert, engine, water-truck, hydrants, stand-pipe, conduct 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.

Chapter II

Establishment, Conduct of Business, Duties and Powers of [the Authority]

(d) six official Members, not below the rank of Secretary to Government to be appointed by the State Government to represent,-

(i) the Water Supply and Sanitation Department,

(ii) the Urban Development Department,

(iii) the Rural Development and Water Conservation Department,

(iv) the Finance Department,

(v) the Industries, Energy and Labour Department; and

(vi) the Public Health Department;

(e) two Members to be appointed by the State Government one each from amongst,-

(i) the Mayors of the Municipal Corporations and the Presidents of Municipal Councils; and

(ii) the Presidents of the Zilla Parishads;

(f) [Six Members] to be appointed by the State Government who, in the opinion of the State Government, have special knowledge or practical experience in the field of Water Supply or Sewerage; and

(g) the Member-Secretary to be appointed by the State Government.

(a) has been convicted of an offence involving moral turpitude;

(b) is an 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 [the Authority]; or

(f) is a Director, Secretary, Manager or other officer of any company, which has any share or interest in any contract or employment with, by or on behalf of, the [the Authority]:

(i) any sale, purchase, lease or exchange of immoveable property or any agreement for the same;

(ii) any agreement for loan of money or any security for payment of money only;

(iii) any newspaper in which any advertisement relating to the affairs of the [the Authority] is published;

(iv) the occasional sale to the [the Authority] up to a value not exceeding ten thousand rupees in any one year, of any article in which he or the company regularly trades.

(ii) The State Government shall, after consultation with the Authority and tile Commission, make rules prescribing,-

(a) the procedure to be followed by the Commission in advertising the post, calling for applications, scrutinising the same and selecting the candidates for interview;

(b) the procedure for enabling the officer or officers of the Authority to attend the interview to advise the Commission;

(c) the procedure to be followed in case there is a difference of opinion between the Authority and the Commission;

(d) the fees and other costs to be paid to the Commission by the Authority for consultation and other incidental matters;

(e) any other matter which is necessary or incidental for the purpose of consultation with the Commission.

(a) has any share or interest of the nature, described in clause (e) or clause (f) of section 5 in respect of any matter, or

(b) has acted professionally, in relation to any matter on behalf of any person having therein any such share or interest as aforesaid, shall not, notwithstanding anything contained in the proviso to section 5, vote or take part in any proceedings (including any discussion on any resolution or question) of [the Authority] or committee thereof relating to such matter.

(a) any vacancy of a Member or any defect in the constitution or reconstitution of [the Authority] or a committee thereof; or

(b) any defect or irregularity in the appointment of a person as a Member of [the Authority] or of a committee thereof; or

(c) any defect or irregularity in such act or proceedings, not affecting the substance.

(a) to prepare, execute, promote and finance the schemes for supply of water and for sewerage and sewerage disposal;

(b) to render all necessary services in regard to water supply and sewerage to the State Government and local bodies and on request to private institutions or individuals also;

(c) to prepare draft State Plans for water supply, sewerage and drainage on the directions of the State Government;

(d) to review and advise on the tariff, taxes, fees, and charges of water supply and sewerage systems, in the areas of [the Authority] and the local bodies which have entered into an agreement with [the Authority];

(e) to assess the requirements of materials and arrange for their procurement and utilisation;

(f) to establish State standards for water supply and sewerage services;

(g) to review annually the technical, financial, economic and other aspects of water supply and sewerage system of every scheme of [the Authority] or the local bodies which have entered into an agreement with [the Authority];

(h) to establish and maintain a facility to review and apprise the technical, financial, economic and other pertinent aspects of every water supply and sewerage scheme in the State;

(i) to operate, run and maintain any water works and sewerage system, if and when directed by the State Government on such terms and conditions and for such period as may be specified by the State Government;

(j) to assess the requirements for man-power and training in relation to water supply and sewerage services in the State;

(k) to carry out applied research for efficient discharge of the duties and functions of [the Authority];

(l) to perform such of the duties and functions, which are being performed by the Maharashtra Environmental Engineering Service, as may be specified from time to time by the State Government;

(m) to perform and discharge such other duties and functions as are allotted to [the Authority] under other provisions of this Act or as may be entrusted to it by the State Government.

(a) to inspect all water supply and sewerage facilities in the State by whomsoever they are operated;

(b) to obtain such periodic or specific information from any local body and operating agency as [the Authority] may deem necessary;

(c) to provide training for its own personnel as well as for employees of the local bodies;

(d) to prepare and carry out schemes for water supply and sewerage;

(e) to lay down the schedule of fees and other charges for all kinds of services rendered by [the Authority] to the State Government, local bodies, institutions or individuals;

(f) to enter into contract to agreement with any person or person as [the Authority] may deem necessary for performing its duties and discharging its functions under this Act;

(g) to adopt its own budget annually;

(h) to approve tariffs for water supply and sewerage service applicable to respective local areas comprised within the jurisdiction of [the Authority] and such local bodies as have entered into an agreement with [the Authority];

(i) to manage all its affairs so as to provide the people of the area within its jurisdiction with wholesome water and, where feasible, efficient sewerage services;

(j) to take such other measures as may be necessary, to ensure water supply in times of any emergency;

(k) to acquire, possess and hold lands and other property and to carry any water or sewerage works through, across, over or under any highways, roads, streets, or place and, after reasonable notice in writing to the owner of occupier into, through over or under any building or land;

(l) to abstract water from any natural source and dispose of waste water;

(m) to raise, borrow or secure money, on such terms and conditions as may be expedient, and in particular by way of loans and advances, deposits and issue of debentures and obtain subventions or mortgages from public institutions like the Life Insurance Corporation of India, banks and any international organisations or from the State and Central Governments, for drinking water supply and sewerage schemes or any other schemes for improvement of sanitation;

(n) to receive grants from the State Government, the Central Government and the local bodies for water supply and sewerage or any other sanitation improvement schemes;

(o) to repay instalments of loans and pay interest on the principal thereof to the lenders as per mutually agreed terms and conditions;

(p) to advance loans to the local bodies or Government for their water supply and sewerage schemes on such terms and conditions as may be specified by [the Authority];

(q) to recover from the local bodies or Government principal and interest thereon in respect of loans advanced to them by [the Authority];

(r) to incur such expenditure as [the Authority] may deem necessary for performing its duties and functions under this Act;

(s) to exercise such other powers as are conferred on [the Authority] under other provisions of this Act.

Chapter III

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

(a) the properties and assets (including water works, buildings, laboratories, stores, vehicles, furnitures and other furnishing), specified in that behalf, which immediately before the appointed date, were vested in the State Government for the purposes of the Maharashtra Environmental Engineering Service, shall vest in and stand transferred to [the Authority]; and

(b) the rights, liabilities and obligations of the State Government, whether arising out of any contract or otherwise pertaining to the said service, shall be the rights; liabilities and obligations of [the Authority].

(a) all the existing water supply and sewerage services, sewerage works and sewage 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, belonging to or vested in that local body.

(b) 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,; and

(c) all rights, liabilities and obligations of such local body relating to the things mentioned in clauses (a) and (b) including the right to recover arrears of water tax and sewerage tax, by whatever name called, and of any cost or fees or charges relating to water supply and sewerage services and also including liabilities arising from any loans advanced by Government or any other persons to the said local body for the things aforesaid, other than loans diverted to or utilised for purposes other than those referred to in clauses (a) and (b);

(a) in case of permanent employee, he shall be allowed to retire giving him the benefit of pension, gratuity, provident fund and other benefits accrued to him had he retired from the Government service on the appointed date;

(b) in case of a temporary employee, his services shall stand terminated after giving him notice or remuneration in lieu of notice as per the existing service rules of the State Government.

(a) no person employed in the Maharashtra Environmental Engineering Service against whom any disciplinary proceeding is pending or to whom any notice or order of termination of his services or compulsory retirement has been issued before the date of commencement of this Act shall be transferred to [the Authority], and such person may be dealt with after the said date in such manner and by such authority as the State Government may by general or special order specify in this behalf;

(b) if the services of any employee of the State Government stand transferred under sub-section (1) to [the Authority] shall be competent after such transfer to take such disciplinary or other action as it thinks fit against or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the State Government.

Chapter IV

Contract, Finance, Account and Audit

Chapter V

Fees and Charges

Chapter VI

Water Supply

(a) for any trade, manufacture or business;

(b) for gardens or for purposes of irrigation;

(c) for building purposes, including construction of streets;

(d) for fountains, swimming baths, public baths or tanks or for any ornamental or mechanical purpose;

(e) for animals, where they are kept for sale or hire or for the sale of their produce;

(f) for the consumption and use at a restaurant or by inmates of a hotel, boarding house or residential club;

(g) for the consumption and use by persons resorting to theatres and cinemas;

(h) for watering streets; or

(i) for washing vehicles where they are kept for sale or hire.

(a) if any fee, rental, cost of water or any charge or other sum due under this Act, is not paid within a period of fifteen days after service of a bill for the same; or

(b) if after the receipts of a 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 rules or regulations or bye-laws; 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] duty authorised in this behalf into the premises which he proposes to enter for the purposes of executing any work or placing or removing any apparatus or of making any examination or inquiry 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 authorised in this 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

(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 placed, removed, repaired or otherwise interfered with, in contravention of the provisions of this Act or of the rules or regulations or bye-laws; or

(g) if by reasons 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.

(a) wilfully obstruct any person acting under the authority 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 purposes of setting out the lines of such works, or deface or destroy any works made for the said purpose; or

(b) wilfully 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; or

(d) obstruct any officer or servant of [the Authority] in the performance and discharge of his duties and functions under this Chapter or refuse or wilfully neglect to furnish him with means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water works, or

(e) bath 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 other polluted water to turn or be brought into any water works, or do any other act whereby the water in any water works belonging to [the Authority] is fouled or likely to be fouled.

Chapter VII

Sewerage

(a) obtains written permission of [the Authority] and pays connection fee and other charges in accordance with the bye-laws; and

(b) complies such other conditions as may be provided by the bye-laws.

(a) wilfully obstruct any person acting under the authority of [the Authority] under this Chapter in setting out the lines of any works or pull up or remove any pillar, post or stay fixed in the ground for the purposes of setting out lines of such work or deface or destroy any works made for the said purposes; or

(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, valve, pipe or other works or apparatus belonging to [the Authority] and pertaining to its duties and functions under this Chapter; or

(c) unlawfully obstruct the flow of, or flush, draw off or divert or take sewage from any works belonging to [the Authority]; or

(d) obstruct any officer or servant of [the Authority] in discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any sewage works.

(a) to make any inspection, survey, measurement, valuation or inquiry;

(b) to take levels;

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

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

(e) to mark such levels, boundaries and lines by placing marks and cutting trenches; or

(f) to do any other thing necessary for the purposes of this Act or any rules or regulations or bye-laws:

(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.

Chapter VIII

Penalties and Procedure

(a) 'company' means any body corporate and includes a firm or other association of individuals, and

(b) 'Director' in relation to a firm, means a partner in the firm.

Chapter IX

External Control

Chapter X

Miscellaneous

Chapter XI

Rules, Regulations and Bye-Laws

(a) the summoning and holding of meetings of [the Authority] and of the committees appointed by it, 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 thereat;

(b) the recruitment and the salaries and allowances and other conditions of service of employees of [the Authority];

(c) the powers and duties of the employees of [the Authority];

(d) the management of the property of [the Authority];

(e) the execution of contracts and assurances of property on behalf of [the Authority] and authentication of orders and instruments of [the Authority];

(f) the limits upto which the Member-Secretary shall be competent to incur recurring or non-recurring expenditure in any financial year;

(g) the maintenance of accounts and the preparation of balance sheet by [the Authority].

(h) the procedure for carrying out the duties and functions of [the Authority] under this Act;

(i) any other matter for which provision is to be or may be made by regulations.

(a) the terms and conditions for supply of water for domestic or other purposes;

(b) the installation of meters or the transfer of their connection, and their use, maintenance, testing, disconnection and reconnection, the fees, rent and other charges in respect thereof, including the furnishing of security by the consumer and matters connected therewith;

(c) the fees, rent and other charges to be paid for connection with a sewer of [the Authority] and other terms and conditions for such connection;

(d) any other fees and charges to be paid to [the Authority] for service to the consumers;

(e) any other matter for which provision is to be or may be made by bye-laws.

Notifications

Appendix-I