The Calcutta Metropolitan Water and Sanitation Authority Act, 1966

Act 13 of 1966

Keyword(s): Authority, Board, Calcutta Metropolitan District, Chairman, Director, Garbage, General Manager, Public Authority

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0 West Bengal Act XIII of 1966' THE CWCUTTA METROPOLITAN WATER AND SANITATION AUTHORITY ACT, 1966.

West Ben. Act XI of 1972. AMENDED . . West Bcn. Act XlII of 1973. West Ben. Act XXI of 1974. (26rh Muy, 1966.1

An ACI to provide for the estoblisl~xtrenlof as Autlzority for rlre ttraintenance, developmerlt atid regrrlnrior~of wafer-stdpply,sswcruge atld hirruge services ar~dfor the collecrior~arid disposal of garbage ill rlre Calclrtta Metropoli~oxlDistrict wilh a view lo the pror~~otionof prrblic I~caltharid for ~rraftersconnecred therewi~h. WHEREASit isexpedient to provide forthe eslablishmentofanAuthority for themaintenance, development and regulationof water-supply, sewerage and dninage services and for hccollection and djsposal of garbage in the CaIcurtn Metropolitan District wilh a view lo the promorion of public hedlh and for matters connected therewilh; It is hereby cn~ctedin the Sixteenlh Year of the Republic of India, by the Legislamre of West Bengal, as follows:-

CHAPTER I Preliminary.

1. (1) This Act may be called the CalcuUa Metropolitan Water and Shon tirle. cxtcnt and Sanitation Aulhorily Acl. 1966. comrncncc- (2) It exlends lo he CaIcu~taMcrropolitan District excluding any lncnr. cantonmen1 or pan of a canlonment within the said Districl. (3) It shall come into force ar once.

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, 2. (1) In lhis Act unless (here is anything repugnant in the subject or Dcfinirions. COnlex1,- (a) "Authority" means the Calcutta Metropolitan Warer and . . Saniiation Authority eslabIished under section 3; @) "Board" means the Board oEDjreclors mentioned in secljon 4; (c) "CalcutmMc~opolitanDis~ric~"or"Dis~rict"meansIhearea described in Schedule I which the Slate Govemrncnt may, in consultation with Ihe Authority, amend from lime to dmc by notification; (d) "Chairman" means the Chairman of the Board appointed under sub-seclion (5) of secrion 5;

'For S~atcmcntor Objwk nnd Reasons, set ~hcCalcurra Ga:cnc. Errraordinary, PMI IVAof lhe25!hSeprcrnbcr, 1965.pagcs3755-3757: ror pr~cccdingsollhc Wcsr Bcngal Lagislarive Assembly, see the proceedings of Bc rncclings of that Assembly hcld on 5h. 61h,7th. loth, and 13th January. 1966, 77le Calcrr~taMelrol~o/irun Waicr atrd Sarrituriotl Ar~tlzoriy A cr, 1 966. [West Bcn. Act (Clraprer 11.-Esrablislrttrie~~ft~lrrl Consiilutior~ of tire Ar1111ority.- Sectio~rs3. 4.)

I.r - : (e) "Direcror" mcans n Direclor of the Board appoinred or elected under seclion 5; (f) "garhuge" includes offensive matter, rubbish and carcasses of dead animals; (g) "General Manager" means rhc General Manager of the Authority appointed under seclion 18; (h) "local authorily" means a municipal corporarion or municipality or olher aud~orirylegalIy entitled to [he conlrol or management of local funds bu~does not include the Commissioners for Ihc Port of Calcut~a; (i) "member"means a memberoftheGenen1 Council mentioned in section 4; G) "notification" mcans a nolificalion published in the Oficial Gazerre; (k) "prescribed" means prescribed by rules made under this Act; (1) "public authority" incIudes any staturory aulhorily or coi-pontion, not being a Iocal aulhority, exercising public functions; (m) "regula~ions"means regularions made under this Act. (2) The expressions "building", "drain", "house-drain", "house-gully", "occupier'', "offensive mauer", "owner", "private street", "public street', "rubbish", and "sewage" used in this Act shall, unless there is anything repugnanr in the subject or conlekt, have [he same meaning as in the wcslBcn. Calcurta Municipal Acl, 195 1. hci XXXIII or 1951.

Establishment and Cansiitution of lhc Authority. l31ablisl1- 3. (1) With effect from such date as the Stale Government may, by mcnl r~ithe notification, appoint in this behalf, there shall bc eslablished for the Calculra Mctropoli~anDistrict an Authority by the name of the Calcutta Metropoliran Water and Sanilnlion Authority. (2) Thc Authority shal I be a body corponle having pcrpctual succession and a common seal, and shall by the said name sue and bc sucd.

Conslirurion 4. (1) The Authorily shall consist of- or Ulc Aulhoriry. (i) a Board of Direclors, and The Calctrrtd Mefroyolirarr Waler atid Sa~~irationArrlhoriry Act, 1966.

(Cliaprer 11.-Establishrrret~~and Cons~itrrtio~~of rhe A~rrl~oriry.- Secriotr 5.)

(ii) ;I General Counci I. (2) All aclion taken by thc Authority shall be expressed lo be taken in the name of Ihe Authority, and orders and o~hcrinsrrurnenls made and exccu led in Ihe name of Ihc Aulhorily shall be au~henlicatedby affixing the scnl of the Authority and signarure of thc Chairman or any other Dircctor authorised in [his bchnlf by the Board.

5. (1) The Board of Directors rnen~ionedin seclion 4 shall consist Board or of S~KDirectors, namely:- Dircctnrs. (a) threc whoIe-timeDirectorsappoinledby theStateGovernment by norification, of whom one shall be an engincec wilh experience in public heallh engineering and anothcr shall be a person wi~hexpcricnce in financial adminismtion, and (b) Ihrce Directors elected, in such manner asmay be prescribed, by heGeneral Council, of whom one shall be from amongst Ihe members representing the Calcutta Carporalion, another from amongst [he members rcpresenling other municipal corpontions andmunicip~liticsandhe thirdone from mongst the members represenling 1heZilla Parishod.r, and the names of the person so decled shall be published by the Chairman by notificolion: Provided that no member who is a Government servant shall take part or vote in the eleclion of a Direclor by !he General Council: Provided furlher lhar where all [he members representing heCalcuua Corporalion or the or her municipal corporations and municipalities or the Zilla Parisfrods, sufFer any disqunlification under sub-sccrion (4) or areunrvilling lo act as Direclors, the Gencnl Council shall elec~a Director from amongst the elected members of [he Calculcn Corporation, elected members and commissioners or olher municip~l corporations and municip;llitics or members of the Zilla Parishads, specified in Schedulc 11. (2) '(a) The Directors appointed under clause (a) of sub-seclion (1) shall hold office during the pleasure of the Governor: Provided that a Direclor appointed before hecommencement of the West Ben. Calculta Metropolitan Water and Sanitation Authority (Amendment) Ord. XVI aT 1932. Ordinance, 1972, far any specified period shall hold office unlil the period for which he was so appointed expircs.

'Claux (a) wxs subsli~ulcdfor original clilusc by s. 2 ofthc CalcuiiaMe~rn~lirnnWn~cr and Sani~auonAurhorily (Amcndmcnr) Aci, 1973 (Wesr Bcn. ACI XU1 of 1973). The Calcurra Merropolitan Worcr atrd Sanitarioll Arrlliority Act, 1966.

[Wesl Ben. Act '

..., .. (b) The tcms of office of Direclors elecred under clause (b) of sub- scc~ion(I) shall be two years:

Pravided [hat a Director eIeclcd LS a representative of a municipal corporalion, rnunicipali~y.or Zilla Parislrari shall cease fo hold office when he ccaqes to be such a represenralive.

(3) The qualificnrions, remuneration and other conditions of servicc of Directors appoinled under clause (a) ofsub-section (1) and the fees for attendance a1 meetings of Directors elected under clause (b) of the said sub-section shall be such as may be prescribed.

(4) A person shall be disqualified for being appoinled or clecled. or for conlinuing as, a Director if he hu,direcrly or indirccrly, any interest in a subsisting conuact made with, or in any work being done Tor, the Authority except as ashareholder (olher lhan a direcror) in an incorporalcd company: provided [hat where he is a shnre-holder, he shall disclose 10 [he Slalc Govemmcnt [he nnturc and extent of shares held by him in such company.

(5) The Sratc Government shall appoint oneof [heDircclorsappointed under clause (a) of sub-seclion (I) as the Chairman whose duties and funclions shall be such as may be prescribed.

(6) (a) The Directors appointed under cInuse (a) of sub-section (1) shall, pending elecrion of Directors by the General Council under clause (b) of the said sub-seclion, be compctenl to funciion as heBoard and be deemed lo be a duly consti~uledBoard under this scction.

(b) IF the Genera1 CounciI does nol, by such limeas may he prescrikd in this behalf, clect a Direc~orrepresenling any body or group of bodies, specified in clause (b) of sub-section (I), the Slate Government shall, by nolificarion, appoin~a date for such elecrion and if the General Council fails to elect the Direnor by the appointed dale, [he State Government shall, by no~ification,appoint a Director from amongst the members representing such body or groupof bodies, and in such case the provisions ofthe sccond proviso lo clause 0)of sub-section (1) shall apply subject to the change therein hat in place of [he words "the General Council shall

elecl", [he words "the Srnre Governmenr shall appoinr" shall be read. Any .. . . . person so appointed shall lx deemed 10 be a Director as if he had been . . elected by the General Council.

Rcsignaliun, 6. ( 1) The Chairman or any of the Directors appoin~edunder clause czsual vacmcics and (a) ofsub-section ( l)of section 5 may resign his office by giving notice in IcmPofJJY writing to Lhc Slate Government and any of [he Directors elected under absence. The Calcutta Mcrropolirun Wrrrer ond Sarti~atio~~Artthoriry Act, 1966.

.:: .:: clause (b) of thc said sub-section may resign his office by giving nolice in wiling borh ro the Gencral Council and the State Government. The Chairman or a Director giving such nolicc shall, on the resignalion being notified in the Oflciul Grrzelre by the Sialc Government, be deemed to have vacated his office on and from [he date on which the resignation is so natified. (2) If any vacancy arises in [he office of (he Chairman or oFany other Directorby death, removal, resignurion, or ot henvise,the StaleGovemmcnt shall, in the case of a Director appointed under clause (a) of sub-secrion (1) of secrion 5, make a fresh appointmenr, and thc Gencral Council shalI, in fiecase of a Direc~orelectedunderclause (b) oflhe said sub-scction, make a fresh elecrion, to fill the vacancy and he Chairman or he Dircctor so appointed or the Direclor so clccred shall hold office for [he unexpircd portion or the term of his predecessor-in-orfice. (3) If any Director is on accounl of illness or o~herwiserendered temporarily incapable of carrying out his duties or is abscn~on leave or olherwiseincircumstancesno1 involving his removal, LheStareGovemment or the General Council may forlhwith appoint or elect, as [he caw may be, another person lo act in his place.

7. (1) The Gcnenl Council mentioned in section 4 shall consist of Genenl seventeen ex-oficio members, threc members nominated by [he Srare Government, ten members representins rhc State Legislature '[lo be elecrcd by the members of [he Wesl Bengnl Legislarivc Assembly from amongst thcmsclvc~]and three by [he members of the West Bengal Legislative Council, in accordance rvirh the system of proporlionsll repascntation by means of the single transferable vote, and ~rvenly-five members bcing representalives of Ihe municipal corporalions and municipalilies within [he Districr. as specified in Schedule n. (2) Thc nominated members shall hold office for such term as tbe Slate Government may decide and the members elected by the Sla~e Jxgislature and rl~emembers rcprzscnring the municipal corpora[ions and municipali ties shall hold office for a term or ~woycas: Provided that a member nominared in his capacity as a member of a particular body or a member elecled by the Stale Legislature or a member representing a municipal corporation or municipality shall cease lo hold office when he ceases lo be a member of tha! body or (he Stare Legislalure or chc municipal corporation or municipality, as Ihc case may be:

'Wonls within rhc squarc bnckc~swcrc subsli~ulcdfor Ihe wods"ofwhom scvcn sl~all bcclcctcd by hc mcmbcrs orlhc \Vtsl Bengal hgislalivc Assembly" by s. 3 ofthcOlculla Mermpoli~an\Yam and Sanipalinn Aurhorily (Amendmcnl) ACI. 1973 (Wcsl Bcn. ACI XI11 or 1973). Tlre Crtlc~rrtoMerropoIifntl Wurer atirl Sat~ifafiollArrfhoriry Act, 1966. [West Ben. Act / (Clrrrpter III.-Frr~lcriut~smrd Polvers.--Secliori 8.)

Providcd furlhcr [ha[ a member, if not othenvise disqualified, may be nominaled or elecled for morc han one term. (3) (i) The represenlation of the municipal corporations and municipalities shall be on lhe basis and in the manncr as laid down in Schedule 11 which may beamended by the State Government from timc to time by notification having regard to thecontiguity, nreas, and changes in the population strength and number of differ en^ mu~ljcjpalcorponl' Ions and municipalities within rhe District. (ii) The Mayor of a municipal corporalion or thc Chainnan of a municipality shall represent the municipal corporalion or municipality. as he case may be. Whcre thc Mayor of a municipal corporalion or [he Chairmanof amunicipaliry is unable lo reprcscnt thcmunicipal corporation or municipality, themember forsuch municipalcorponlionor municipality and the additional members representing he Corporation of Calcuua, the Howrah Municipality and the South Suburban Municipaliry shall be the person or pcrsons nominuad by the Mayor of the municipal corporalion I or thechairman of lhe rnunicipali~yfrom amongst thc elected members of the municipal corporarion or the municipality, as the case may bc. In hc case of a supcrscdcd municipality the person or persons appoinled by the State Governmen1 under secrion 554 of the Bengal Municipal Acl, 1932, Bcn. ACI XV shall represenl such municipaljty, and in the case or supersession of a of 1932. municipal corponrion not governed by the Bengal Municipal Act, 1932, il shall be represenled by such person or persons as [he SrateGovernrnenl may appoint in [his behalf.

CHAPTER IlI Functions and Powers.

of 3. The functions of [he Aulhority shall be thc following, namely:- 1hc ~u~hori~y. (I) the promotion and operation of schemes for- (a) supply of watcr, (b) sewerage, (c) drainage, (d) sewage lreatlnent and disposal. and (e) collec~ionand disposal of night-soil in areas ye1 to be sewered; (2) mallers connecled wirh and incidenlal lo the functions mentioned in clause (1); (3) such orher functions as may be entrusted to the Authority by the Slate Govemmenl by notification. Tlre Calctrlra Mc~rapolirrrr~Waler rind Sar~ilotioriAitlhoriry Acr. 1966.

9. ( 1) The Authority shall, su bjecl~o[he provisions madeelsewhere Powcm or ihc , in this Act, have Ihe power to do anything which may bc necessary or Aurhori,y, expedienr Tor lhc pu~oscof carrying out its funclions under rhis Act. (2) Wilhout prejudice to the generality of [he foregoing porvision, such powcr shall include the power- (i) to rnkc ovcr all existing muncipal responsibilities. powers. controls. faciliries, services, and ndministrarian within the District relaling to water-supply, sewerngc, drainage. and collcc~ionand disposal of night-soil and ro manage [hem SO as to provide all thcpcoplc of the area with waler, sewerage and drainageservices and services olcolIcc~ionand disposal of night-soi l until sewerage is consmcted throughout the District; (ii) to extend, expand and develop existing facilities and lo conslruct and operite new ones for the supply of wnrer and for providing seweragc and drainage services; (iii) to establish, maintain and operale Inboratories, and experimental and research stations; (iv) to eslabIish in-service training courses and provide other training for iu personnel; (v) to adopr schemes for water-supply, sewerage, drainage and night-soi t collcc~ionand disp&ill services; (vi) lo regulate drillins of tubcwclls, public or private, and lo conlroI wilhdrawal of underground warcr; (vii) lo prevent pollution or any warer including any warer- source, waler-course or chnnneI wi~hinthe District; (viii) to regulate the rreatment ofindus~~ialwastesbeforedischarge thcreof into any sewer, canal, river or orher water channcl wilhin [he Distric~; (ix) ro entcr into con~rilcrs,agreements or arnngemenrs with nny person or organisarion as heAuthority may deem necessxy for performing its funcilons under rhis Act; (x) to acquire, hold and dispose of properly, movable or immovable, as it may deem necessary; (xi) lo adopt its own budget annualIy; (xii) to deternine, levy and collect [axes. fees and charges; (xiii) to bohw money, issue debenlures and manage irs own funds; and (xiv) to incur expenditure and to gram loans and advanccs as it may deem necessary for carrying out its functions undcr this Act. The Calcrtrru Merropolitar~Warer arlrI Sotlitaliorr Arrflrorir)' Act, 1966. [Wcst Ben. Act

Collec~ion 10. (1) In addition lo the functions and powers specified in and disposal Orprb3p~. sections 8 and 9, the Authorily may in any area wilhin the Dislric~ undertake the funcrion of- (a) either co1lec~ionar disposal of garbage or both by entering in~oag~ementwithany municipalcorporationor municipality wirhin the Dislricl on such terms and conditions as may be ngreed upon, or (b) collcc~ionand disposal of garbage, and may for that purpose tde over with effecl from such dare as it may specify by nolificalion all existing responsibilities, powers, racililies, services and administration relating tocolleclion aaddisposal of garbage from a municipal corpor~tionor rnunicipaliiy within the District. (2) When in respect ofany area the Aurhorig undenakes collection

and disposal of garbage under clause (b) of su b-section (I), it may provide , or appoint receplaclas; depats or places in public streets and other public places in such area for Ihe lempor~rydeposit or final disposal of garbage, and may make such regularions as may be necessary for the deposit. collection, removal and disposal of garbage and for the rcgulalion [hereof.

~owcrsto 11. The Authority may, for Ihe purpose of cqingout ils funcrions, undcnakt survey. undertake survey of any mawithin [he Disrricl and for that purpose it shall be lawlul for any officer of ~hcAuthority- (a) to enter upon and take level of any land; (b) 10 dig or bore into [he sub-soil; (c) lo mark levels and boundaries by placing marks and curling trcnches; and (d) where ohenvise the survey cannot be completcd and levels taken and boundaries marked, locut down andclear away any part of any standing crop, Fence or jungle: Provided that before entering upon any land the Autharily shall give nouce of ils intention lo do so in such manncr as may be provided by regulalions.

Powcr ro the 12. The Aulhorily may from timc lo time place and main lain pipes, and along, . lo drios olher inflrlhtions upon, across or under any immovable mainlain propcrty and enler upon such properly for such purposes and for the pips. drains, etc. purposes of examining, repairing, altering or removinfi such pipes. drains and jnstallalions: Provided that rhe Authority shall not acquire any right olher lhan that of user only in the property upon, along, across or under which Ihe Authority places Ihc pipes, drains and ohr insrallalions: Tllc Culcu~raM~rropalita~l Warer arid Suni~ntio~~Arrf froriry Act, 1966.

Provided furlher [hat berore commencing uny operation under this : secljon, Ihe Authority shaIl give notice of its intenlion ro do so in such manner as may be provided by regularions.

13. While exercising any power conferred upon the Aulhority under Paymcnl Tor sections 1 I and 12, the Authority shall cause as Ijllle damage as possible ro any propeny. and shall pay compensation to a1 l personsinterested in any such property. not being a property of the State Governmcnt. for any damage susrained by [hem in consequence of thc exercise of such power.

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14. The Authority may for hepurpose of c.urying out its funciions Po(vcr ro . . acquirc land under his Act, wirh the previous sanction of the Stale Governmcnt, compulsw compulsorily acquire any land wi~hor without structures thercon under he rily. provisions oi any law for lhe time being in force aulhorising such acquisition.

15. When any land has becn acquired in pursuance of section 14, the Transfer of Colleclor within whosejurisdiction lhe land is situatcd shall, upon payment k''!?? of the cost of acquisition, make over charge of the land to the Authority, and the land shall thereupon vest in Ihe Authority, subject to the liability of [he Authority 10 pay any furlher cost which may have been incurred on account of its acquisition.

16. (1) Unless oihenvise provided in this Act, all corporate functions Funclions of rhe Aulhori ty shall bc vcsted in the Board and the Directors shall meet ~;~h~~~', as Board a1 least once a week to discharge such functions as well as [he , . functions hercinbeloiv specified and in such rneeiings the decision OF the . . majority shall always prevail, heChdrman having a casting vole in the . . case OF an equality of voles. . . (2) The number of Directors necessary to form a quorum and the procedure to be followed by the Board in the conduclof its business shall be such as may be provided by regulations. (3) The Board shall have the following funclions and powers, namely:- (i) to appoinl all officers and employees of the Authority; (ii) to exercise general supervision and controlover rhe General Manager; (iii) to prepare orcause to be prepared all schemes contemplated under clause (1) of seclion 8 and such schemes as may be necessary for carrying out the functions under section 10; The Calcrrlra Me~ropolirarzWarer mld Sonitariotr Arrllroriry Act, 1966. [Wcsl Bcn. Act

(iv) to consider the annual budgel prepared by Ihe Gencnl Manager and adopt it with orwithout modificalions, subject to the approval of rhe General Council; (v) to fix taxes, fees and charges subject lo the approval of the General Council; (vi) ro submir to thc General Council for its approval- (a) the annual budge[ logelher with n programme Ibr the next financial year of all development works, thur is, works of exlension orexpansion of exisdng faciliries or conslruclion of ncw racilities, but excluding works connecled with maintenance, replacement or repair, (b) the annual Financial sralement, (c) heannual ad~ninisrrativereporr, Id) proposals for making regulations, and (e) proposals for mising loans and issuing debentures.

F~rtrcrio~rsullrl powers oJrl1e Cellera1 Cnrrrzcil. Rnclions 17. (1) The General Council shall meet at least once in three monrhs. and powers- or the The Chairman of thc Board shall bc Ihc presiding officer of Ble Genenl Gcncnl CounciI and in case of equalily of voles he shall havc a casting vote. Thc Council. other Directors shall have the right to be present and speak in hemeelings of the Council but, excepting Ihe Dircc~orswho are also members, no right to vote. (2) The number of members necessary ro form a quorum and the proccdurc to bc iollowcd by Ihc Gencrill Council in ~hcconduct of its business shall be such as may be provided by regulations. (3) The General Council shall have the power to approve- (a) rnarters submilred ro it by rhe Board under clause (vi) ofsub- sccrion (3) or scction 16, and (b) taxes. fees and charges fixed by [he Board: Provided that if he General Council does not approve any of the aforesaid malters. it shall within lhirty days from the date of reccipt thcrcol rcicr back the same wilh its recornrnendalions to the Board for reconsiderarion and Ihe Board shall afrer such recons~derationresubmit the tnauzr wilh or without modifications to the General Council. In case rheGeneral Council fails toconsider any oftheaforesaid rnatrers wirhin thidy days From the date of irs receipt for the first time orlo refer back asaforeadid or does not approve any maler wilhin firtcen days from the date of its resubmission, the Board may refer the marter forihwith to ihe Srate Government whose decision hereon shall be final. T/IPCulc~rfra Merropolitarl Wutcr ntld Srrtrifation A~rihoriry A cr, 1966.

(Cltapter IV.-Esrabli.rht~~e~~rof rhe A~~l~ruri~.~ectiolu18-22.)

CHAPTER IV Establishment of the Authority.

18. (1) The Board shall appoint for the Authority a General Manager, Appoint- who shall have administralive experience and be preferably an engineer. He shall have, in addition to the functions and duties specified eIscwhcre cmployccs in this Act, such Func~ionsilnd duties as may be provided by regula~ions. ~~~~ly~

(2) The General Managcr sliall be the chief executive officer of the Aulhorily who shall be accounlablc to [he Board for his actions. , . .

(3) The Board may appoint such other officers nnd employees as it considers necessary for the efficient performance of the functions of the Au thori~y:

Provided that in respect or orficers and employees whose maximum salary docs noL exceed Rs. 1,000 per month, the Board may delegate its power to appoint la the General Managcr.

I 19. Subject to the provisions contained in sub-section (1) of Condilions seclion 18. for all appointments undcrhesaidsection, thc methodof ~r"~iccor olficcs and I recruitment, qualificalions. pay and arher lcms and conditions of service ,,ployccz. shnll be such as may be provided by regulnrions.

20. (1) AII officersandemployeesof [heAuhority shall besubordinare Ollicers and cmployces to the General Manager. to bc subordinate 10 Ulc (2) Any officer or employee aggrieved by an order or decision orthe Genenl General Manager or any other officer authodsed by he General Managcr Mmagcr. in this behalf inflicling punishment on him may appeaI 10 the Board and rhe decision of the Board [hercon shall be final.

21. The Gcnerit Manager may, with thc previous approval of the DclcgaliDn Board, by order in writing- of porucrs by the Gcncml (a) dckgak any OF his powers and dulies to his subordinate Mm%er. officers and employees; and (b) define the powcrs and duties of such officcrs and employees.

22. No person who has directly or indirectly. by himself or his panner G,,,,I or agent, any sharc or interest in any conlract, by or on behalf of the disqu31ifica- lions of all Authority, or in any employment under, by or on behalf of [he Authority orficen and olhcnvise than as an officer or employee [hereof, shall become or remain an officer or employee of the Authority. Tl~eCalcrtrra Mr.rropoli/atr Warer a~lrlSarritofion Atrthoriry Act, 1966. [West Ben. Act (ClrapfrrV.-Vrsril~g of r-risri~rgtstrrricipal ~varer-s~rpply,sewerage, hitrage otrd ccrrtlilr otlrcr ser~icrs.-4ec1ion23.)

CHAFTER V

Vesting orexisting municipal water-supply, scwcrage, drainage and certain other services.

Vcsling or exisling 23. (1) All exisring water-supply, sewcragc, and dr~inageservices, municipal and scrviccs relaling LOcollcctian and disposal of night-soil including all WIICr- plants, machineries, pumping stalions, IiIter bcds, witer mains, public supply. scwemp, drains and all drains in, alongsidc or under any public street and all works, drainagc and oihcr mntcrials, and things appertaining thereto logelher with so much of [he scrviccs. sub-soil apperiaining to the water mains and drains ns may be necessary for he purposeof enlarging,deepeningorothenvjserepairingormaintaining any such water mains, drains and pipes and other applianccs and fitlings connecled with warer-supply and drainage works belonging to n municipal corporation or rnunicipali~yand situated within the Dislricl, and a11 other assers movableor immovableconnec~edtherewith, butcxcluding cash and securities, shall vest in the Authority wirh effect from such date as the Aulhorily may specify by notificaiion:

Provided that different dales may be specified Tor [he vcsting of difcrenl scrviccs as arorcsaid.

(2) With the vesting ~FtheresponsibiIities Iorsewengeservices of the Municipality of Hownh in the Aulhorjly under sub-secrion (I), all works relaring to rhc sewage disposal schcmc for the Municipaliry of Horvrah belonging to the Board of Trustees For the inlprovement of Howrah consliluted under [he Howrah Impmvemenl Act, 1956 together with all Wcsr Bcn. ACI XLV a[ .- nssels movable orimmovablcconnccrcd rhcrewilh, but excluding cash and ,gsr;, securiries, shall vest in the Authority.

(3) On the taking over by the Authority of the services and responsibilities of collection and disposal of garbagc from any municipal corporalion or municipaliry under cIausc (b) of ~ub~section(I) of section 10, such services including all plants, machineries, vehicles and other mechanised unils and all works, marc~ialsand things belonging to such municipal corponrian or municipality, and all other assels movable or immovable connected ~hzrewith,but excluding cash and securities, shall vest in rhe Aulhority.

(4) Any dispute arising in connection with the vesting of any properly or asset under sub-secuons (I),(2) and (3) shall be rcfcrred to the Stale Government whose decision thereon shall be final. Tl~eCalcrrtta MEfropolitarr Watcr mld Sarr iturion AI: thoriq Acr, 1966.

24. (1) The value of all properties and assets vested under seclion 23 Dclcrnmina- tion oltllc shall, after norifying the dale and time for the purpose and allowing an raluc or oppomnity of being heard to the municipal corporation or municipaIity vcsrcd concerned, be determined by the Authority, and such determinalion shall propxlics. be final subject to an appeal which may be preferred within thirty days from thc date OF such determination lo such judicial officer OF the Stare Government not below the rank of a Dislrict Judge and in such manner ns may be prescribed. (2) Thc value so determined under sub-section (1) shall bc entered in the books of heAuthority as the value on [he date of ~ransfer.

25. The debentures issued and othcr loans incurred wilh an original Aurhorily lo conlriburc maturity of morethanone yearby themunicipal corponlions, municipali ties townrds and the Board ofTrustees for [he improvement of Howrah for acquiring or dcbcnrurcs and olhcr consrrucung the properlies and assets vesled in the Au~horilyunder lhis loans. Chapter and remaining unpaid on the date of vesting shalI continue lo be thc liabili t ies of the respective municipal corporations, municipalities and the Board of Trustees, but the Aulhoriry shall pay annually LO each such municipal corporation or municipality or to the Board of Tnrstccs thc amount payable by it on account of in~eresland repayment of such debenlures and other loans: Provided, howcver, hat with respect 10 [he Firs[ of such paymen1 to each municipal corporation or municipality or the Board of Trunccs, the amount payable by the Aulhority pursuml !o fhis section shall be calculaled as from he date of vesling.

26. (1) Wilh the vesting of a service belonging to a municipal Tmnsrcr or sewage Board personnel or corpomtion or municipality or [he disposal scheme of the of veslcd Trustees forhc improvemen~ofHowrahunderseclion 23 all persons who, scrviccs. in the opinion of the Board, were on rhe date of such vesting, primslri ly engaged in the consuuclion or opcn~ionof the same shall be decmcd to have been transferred to the Authorily under terms and conditions of service not inferior ro hatas exisled immediatcly before such vesling. The decision of the Board as 10 the designation and dulies such persons would have after lransfer shall be final: Provided hat any dispute as to whether a person was primarily engaged on hedale OF vesting in the construction or operation of a service shall be referred to rhc Slalc Government whose decision thercon shall be final. (2) Every person whose service is so lwnsferred under sub-section (1) shall be paid by the municipal corporation, municipality, or heBomd of Truslees, as rhc case may be, the full amounl on account of provjdenr rund. [Wesl Ben. Act

if any, lyingar his credil with such municipal corporation or municipality, or rhc Board of Truslees, on [he date of lrnnsfer, and he shall have, within two nlonihs from the dale of receipt or the payment, thc op~ionof depositing the amount in his provideni fund accounl with [he Authority. The period ofservice undcr the municipal corporation, municipaIity or the Board of Trustees, as the cast may be, of each such pcrson shall be taken into account in dcrermining the amount of pension or gra~uily,if any, to which he may bc entitled.

Conwucn- 27. 011and from thc date the Aulhori~yiakcs up the responsibililies for ~ial rcduclion of onc or more of [he services rclaring lo water-supply. sewerage, drainage, n~csby collccrion and disposal of night-soil and collecrion anddisposal of garbage. municipal corponlionF [he n~unicipal corporalions and municipalities concerned shall and corrcsportdingly rcduce their rates by such percentage ns [he State rnunicipnIi- lics. Govcmnient nay in consullation with the municipal corporalions ,uld municipalities concerned derermine.

CHAPTER VI Revenue, Finance, Accounis, Audit and Budget.

Fund of IIlc 28. (1) The Aulhority shall have its own fund and all receipls of the Aurhority. Authoriry shall be carried lherelo and all payrnenb by rhe Aulhorily shall be made [herefrom. (2) Excepl as ollienvise dirccted by the State Govcmment, all moneys belonging 10 that fund stlall be deposited either in the Starc Bank of India or in such othcr Scheduled Bank, or invested in such securilies, as may be approved by the Sutc Governmenl.

Sourcc or 29. The fund required by the Authority may be raised from [he fund. following sources, namely:- (a) grant from Governn~entor any other source, (b) loans from Government or any other sourcc, (c) issue of debentures, and (d) [.axes, fees and charges levied and collected unde his Act.

~ormw in^ 30. (1) The Aurhoritymay, for~hepurposeofcarryingoutitsfunctions or moncy. under his Acl, from time to lime, raise loans, by the issue of debentures or otherwise, of such sums of money, at such ntes of interest, for such period, and upon such terms (as to he time and method of repayment, and the like) as heStntc Government may sanction. The Calc~rrlaMetropoli~ml Wnfer a~~d Sa~lifa~ior~ Alrrfrorify Acr, 1966.

(2) All loans under sub-section (1) shall be guaranteed by thc State Governrncnt as to repayment of [he principal and payment of interest.

31. The Aulhori ty shall provide for sinking. depreciation, reserve and Sinking and other funds at such ratcq and on such terms as il may deem necessary and oihcr Tun&. in accordance with the regulations.

32. The [axes, fees and charges authorised to be imposed under lhis Bnsis lor lo lo fixation or Act shall be sufficient enable the Aulhoriry cover the following:- rmcs, ICLS (i) operating expenses, and chnrgcs. (ii) maintenance, (iii) taxcsgayable by the Aurhority, (iv) depreciation, (v) inlerest payments, (vi) amounts rcquired for the repaymenl of long-term extenl rhnl such repaymenrs shall exceed the provision for deprecia~ion, and (vii) adequate allocation to reserves.

33. (1) In addilion lo hec charges and feesauthorisedelsewhere in this lmposiiion or P~xC~.~CCS Act, the Authoriry may impose any one or more of the following charges and charges. and [axes, namely:- (a) a water-charge basedonconsurnp~on,subject to a nlinitnum charge, which may beat different rales for watersupplied for differem purposes, such as dornesdc, industrial and other purposes: (b) a surcharge on watcr-charge for sewerage; (c) n graduated lax, which may be at raw different for different areas, on [he annual valuation of dl lands and buildings within the Disrrict and which shall nor excecd- (i) 5 per cent, on the annual valuation-where the annual valualion does not exceed onc thousand rupees; (ii) 7; percenl, on the annual valua[ion-where thc annual valuation exceeds one fiousand rupees. but docs not exceed five thousand rupees; (iii) 10 per cent. on the annuaI valualion-where the annual valualion cxcmds five ihousand rupees but does naL exceed ten thousand rupeas; (iv) 15 per cent, on the annual valuation-where Ihe annual valua~ionexceeds ten lhousand rupees; Tile Culcrrrta Me~ropoIira~~Warer arrd Sarlitariotl Aurllority Acr, 1966. [West Ben. Act (Cl~al>~erV1.-Revetrur, Fitlance, Accorv~rs,Alirlir and B~tdger. . --Scc~ions34, 35.)

(d) a furlher tax not exceeding 5 percent. on !he annual valualion of all lands and buildings in any area in rcspect of which the Authority lakes over the responsibilities of collection and disposaL of garbage under cIause (b) of sub-section (I) of section 10.

(2) The rntcs of water-charge, surcharge and tax referred to in sub- secrion (1) shall bc fixed annually and shall be notified to the public in such manner as may be provided by reguladons.

Arnaunl or ' 34. ) tax (c) (d) iu. how ru (I For [he purpose of assessment of under clauses and bc fiscd. of sub-section (1) of sccdon 33, lt~zannual value shall be,- (a) in respect of any land or building lying wirhin thejurisdiction of a municipal corporalion or municipalily, hcannual value as assessed by or for such corporation or municipality and prevailing for the rime being, and (b) in respec1 ofany olher land or building, the gross annual rcnt at which 1112 land or building might at ihc time of assess men^ be rca~onablyexpected lo let from year LO yea, Icss, in the case of a building, an allowance of ten per cent. for hecost of repairs and Tor all orherexpenses necessary to mainmin the building in a-slateto command such gross rent.

(7) If the gross annual rcnt uner clause (b)of sub-section (1) of any land or building no[ ordinarily Icl cannol be easily estimated, then- (i) in [he casc of such land, [he gross annual rent shall be deemed robe fivc per cenl. of the estimated present value of such land, and (ii) in ihe cwe of such building, rhe gross annual renl shall be deemcd to be five per cent. of the value of thc building obtained by adding the eslirnared cost oferecting [he building at the time of awessment less a reasonable amount lo be deducted on account of deprecia~on,if any, to the estimated presenl markel valuc of the land wirh hebuilding as part of the same premises.

Dzlcrrnina- 35. The annual value under clause (b) of sub-section (1) of section 34 lion of annual vxlus shall be determined by rhc Genenl Manager or such olher officer or or any land orficers authorised by him in this behalf, in such manner as may be or building nor within a prescribed. Such determination of annual value shall be final subject to municipal appeal as hcreinaf er provided. area. (Cl~apterVI.-Revenrre. Finatlce, Accwnls, Avdit nt~dBrrclget. Sec~iotrs36-38.) !-. . - : 36. All street hydmnrs including fire hydranrs, if any, within he LncaI ~d jurisdiction of any local or public auihorjty and all p1aces.of public reson publicaulhoritics lu under the control of such local or public aulhority shall be supplied with pay lor water, charges for which shall be payable by !he local or public authority, supply of \YaICr- as thc case may be. Such charges shall be determined in thc manner laid down in section 37.

37. (1) For calculaling the amount payable by the owncr of any Cdcu~arion premises for consumption of watcr, the Authority may dererrninc thc quanlity consumed on [he buis of readings recorded by a merer oltachcd ~~~~~~ to the premises. (2) Until meters can be altached to any premises, the Authority may, in such manner as may be provided by regulations, dererminc thc ovemge consumption of water on [he basis of the pressure of water supply, thc number and size of water-taps and the size oifcrrules, it any, used in the premises. and may determine the amount payable on hebasis of such I average consumprion. (3) For calculating rhc amounL payable by a local or public authority for consumption of waler- (i) in any place of public reson. the qumti~yal water consumed may be determined in the manner specified in sub-scctions (1) and (21, and (ii) lhrough street hydrants and iirc hydrants within ils jurisdiction, hequanlity of watcr consumed may, in such manneras may be provided by repulalions, be determined by the Authoricy on hebasis of the numberof such hydrants, the pressure of water-supply and hediameter and size of pipes and firtings connecting [he hydnnk with the mains of the Authoriry. (4) Melers shall be installed and owned by the Aulhority and cost thereof shall be paid our of fie fund of heAuthority: Provided. however, that the Authoricy may redise for the meters such charge zs it may from time to time specify by regulalions. fiplatruriotr.-In his section the expression "owner" includes an occupier where the premises or any pxt of it is in the occupalion of such occupier and a separate wa~er-supplyconnecrion stands in his name.

38. If heowner olany premises having independem source of watcr- chWc[or supply is allowed by thc Authori~yto take sewerage service, he shall be SC\vC'SsC service only liable to pay Tor such servicc such mount as would be payable as incrrhin surcharge calculated on the bxis of watcr consumed from his independent casts- source, the same being deemed to be warer supplied by the Authority. The quantity of wafer so consumed shall be determined by rhe Authoricy by affixing merers for such periods and at such places as it may decm proper: The Calc~irkzMetrnpolllor~ \Yarer rtnd Sar~itarior~Azttlrority Acr, 1966. [West Ben. Act i

Provided [hat no such amount shall be payable by the owner of any premises, solely uscd for residenlial purposes, having not more &an one lube-wcll of diameter not exceeding four centimetres a5 independent source of water-supply.

kcsumprion 39. The readings of meters indicaring the quantity of consump~ionof as I0 CorrecIncss water shall be presumcd lo be correct unless the convary is proved. ormc~crs.

40. (1) Subjecl lo thc previous approval of the Stare Governmenl, he Authority may require a Iocal authority lo perform specified functions on behalf of Ihe Authorily in connecrion with thecollcction of taxes, charges, surcharges or fccs imposed under this Act.

(2) The manner in which such functions shall be performed, the procedure IO be followed in connecrjon ~herewilh,thcmanner by which the IocpI authoricy shall account to the Auhority, [he time and manner of pay mcnt to the Authoriry of the arnounrs collecied, and the provisi~nof credi~sorallowances, ifany, tothe localaulhority locover itsadministrative costs shall be such as may be prescribed. -

(3) For lhc purpose of facilitating and enforcing collecrions by he local au~horiryundcr this section, [he Auihority or the Geneml Managcr, as Ihecasc may be, may delegate lo the locnl authority or any of its officers all or any of the powers granted in this behalf in this Act or in he regula~ionsto the Authority or hcGeneral Manager, and in such even1 the rclevant provisions of this Act or the reguIations shall apply muratis trl~rrcrndisto the locnl authority and irs officers.

Rcalisation 41. (1) The Authority shall by regulalions specify the time, place of rwcs, ieer and charges and manner of payment of lhc taxes, Fees, charges and surcharges and rccovcry payable under his Act. or nrrcm 1l1crcof. (2) Inrercsl at 6pcrcerlr. perarmurn shall be payableon all [axes, iees, charges and surcharges remaining unpaid af~erdue dates.

(3) The taxes, fees, charges and surcharges due from any person in respect of any prcmiscs on account of supply af water and o~herservices rendcred by [he Auihority together wi[h interest, if any, payable thereon shall, subject [o [he prior payments of land-revenue, if any, due to the Government thereor1 and of municipal rates, if any, duc to any municipal corporation or the commissionersofa municipality, as hecase may be, be a first charge on the land and buildings, comprised in hepremises, and upon [he movable propcrty, if any, found within such premises and belonging to the said person. The Calcrrua Metropoliratz Waferatrd Satrirarion Arrrliority Acr, 1966.

':r (4) (i) If any local or public aulllorily fails 10 pay the !axes, fees, chargcs and surcharges or any interest thereon due from it for a period of six months, the Authority may approach [he Stale Governmenl for laking necessq steps for recovery of the same and the State Govern~nenlmay then attach the fund or any porlion rhcreof bclonging lo such local or public authority. (ii) After aitachment, no person excepi an officer nppoin~cdin this behalf by the State Government shalI in any way deal wilh the allached rund or porlion [hereof but such officer lnay do alI ac[s in r~spcclthereof which any such local or public authoriry or officeror servant thereof might have done if such artachmenl had not takcn place, and may apply the proceeds in satisfaclion of the nrrears and or all intcrcsls due in respecl lhercof and of all expenses caused by [he amchment and subsequent proceedings: Provided [hat no such attachment shall defeat or prejudice any dcb~for which lhe fund attached was previously charged in accordance wid) law but all such prior charges shall be paid oul of lhc proceeds of tile fund bcfore any part of the proceeds is applied lo the sntisraclion oft hc deb1 due to the Authoriiy.

42. (1) The accounts of heAulhorily shall be maintained in such Accouna manner and in such form as rnay be provided by regularions. and nudir. (2) The accounts ofrhe Authority shall be audited from time 10 limc and at leas1 oncc a ycar by such auditor as the State Governmenl may appoint in [his behalf, and the Authoriry shall pay to the auditor sudl remuneration as the Stare Governmenl may dircct. (3) The Authori~shallafford lo the auditor, hiscIerks and assistnnts, access to all such books and documents as are necessary for thc purposes of the audit, and shall, when required. Furnish lo [hem all vouchcrs and informarion requisite forthat purpose, and also afford lo them all facilities For [he proper execution af [heir duty. (4) The said auditor shall- (a) report lo the Board any material inipropriety or irregularity which he may observc in the expenditure, or in the recovery of moneys due lothe Authorily, or in the accounts, and repon the same to the Slate govern in en^. @) furnish 10 the Board such in formarion as hey may from umz to Limc require concerning the progress of his audir. and (c) within fourtccn daysartcrrhccomplerion ofhis audil. fonvard his report upon the accounts to [he Genenl Manager and such report shall Form part of the annual financii~l slulemcnt prepared under seclion 43. Tlre Calcurra Merropolirair Water atld Sunitariotl Atrll~oriry Act, 1966. [West Ben. Act

(Cl~apterVI.-Revetlr tie, Fitra~ice. Accoanrs, A r~ditatrd Blidgeb- Secrions 43, 44.-Cf1apfer VII.-Warer Srrpp1y.--Sections 45, 46.)

Annual 43. (1) The General Manager shall prepare an annual financial firiincial sriycmcnr, stalement in such Form as may be provided by regulations and submit the same to the Board wi thin six monlhs d~erlhc expiry of each financial year.

(2) Thc annual financial slaterncnt shall give a kue and faithFul accounl ofthe income and expenditure during the previous financial ycar, including the progressive totals since rbe incepcian of the Authority and indicating the up-to-date financial position.

44. The Gencml Mm;lgershall in each ycar, by such dale and in such form as may be provided by regulations, prepare a budget for the next financial year showing the eslimatcd receipls and expenditure and place it before ~hcBoard for adopdon.

CHAPTER vn

Walcr Supply.

*"lhorily lo 45. (1) The Authority shall provide supply of water lhroughout he pmvidc of Districl for domcstic,commercial, induswial, recreational and otherprivate \vlter. or public purposes in accordance with such public health standards as may be prescribed, and [he Authorily may regulate the hours, quan~lyand pressure of such supply.

(2) The supply of warer under sub-section (1) shall include supply, free of charge. of water for domeaic purposes through public stand-posts for which rhe Authority may erect such stand-posts at such convenient places as it may consider necessary. The Authority shall also, unlil such time as it may consider necessary. continue to mainraio the existing hand- opcrated public tube-wells belonging to a municipal corporalion or municipality and vested in il under seciion 23.

(3) TIie Aulhority shall no1 be liable to any penalty or damages for failure la supply water eilhcr due to accident or olher unavoidable cause or due to necessary repairs, replacements, extensions or other works connected with such supply.

Rcsulltions 46. All connections of premises, skeet hydrants including fire ro pmvidc conncclionshydrants and places of public resort to the mains ofrhe Aulhoriry for he Tor supply or supply of water herein and all pipes, taps and otter fillings used for such warer. supply shall be made, maintained and regulated in accordance wilh, and subject to, such regulations as may be made. The Authoriiy may charge such conneclion and re-connection fees as may be provided by regularions. The Calciirro Me/ropoli/m~Water arld Satlirafion Aurl~ori~ Act, 1966.

47. When any premises are without supply of water \he General Power 10 Jim[ hc Manager may by wrincn notice require Ihe owner of such premises to oawncr to oblain such supply and for [ha[ purpose provide I [he cost of such owner such pipes, hydranw, sbnd-posu and other fittings and execule such o~her t;ly down P'F. works as [he General Manager may decidc: hydnnls. etc., in Provided that- cenain Ems. (a) the cost or execuling hesaid works beyond seventy metres from he premises shall be paid out of the cund of he Aulhority; and

(b) if the Genenl Manager is satisfied rhai the owner is unable to bear he whole or any pan of [he cosl of even such portion of the said works as is wjlhin seventy metres from [he premises, he may, wirh heapprovalof [he Board, direct that the whole or such part ofthe cost be paid from !he fundof the Authority.

48. No person shdl use water except LS authorised by this Act or Pmhibi~ion of regulations made thereunder. unaulhorisad USC or WaIcr.

49. (1) No owner or wcupicr of any premises to which waler is Prohibilion by or suffer water supplied the Aulhorily shall negligenrIy orherwise such $~~~~d lo be wmcd or shall suffer pipes, laps. works and fittings for the suppIy kocping in order pip, of waler lo remain our of repair so as lo cause wastage of water. raps, CIC. (2) No person shall cause wastage of water by the misuse of public sland-posts, pipes, drinking founrains or hydran~.

SO. (1) Whenever the General Managcr has reason 10believe tha~as Prcvenrion aresult ofdefeclsinpipes, taps or fittings connected wilh [he water-supply, zF ~z:f: the water supply to my premises is being wasted, he may, by written premiss. notice, require the owner of the premises, within such period as may be specified in the notice. to repair and make good the defec~s.

(2) If such repairs are not effected within the time specified in the said notice the General Manager may cause such repairs la be made in order 10 stop wasbge. The cosr of such repairs shall be recovered from the owner of the premises as an arrear of waler-charge.

51. The Authority shall on demand supply every ship leaving [he Porr supply of of Calcutta with a reasonable quanlity of water for use on the voyage. a1 EFL'O such charge as [he Authoricy may from time to time fix by regulations. The CaIcrr~faMerrupalila~i Wnrer adSa~tifatio~l Artrlroriry Acr, 1966. [West Ben. Act i

I-.. - Pcnnission . . 52. No cube-well shall be sunk in any area within the District except , .. of Aurhoriry to dnk tubc- inaccordancewith such regulaiions as may bemadcand without obtaining IVCI~S. previous permission of the General Manager in writing. The General Manager may grant such permission subjecl to such furlher conditions as he may deem fil or may refuse to grant permission.

Powcr lo thc 53. (1) Noiwithsrmding any thing contained in this Chapter, the Gcnenl General Manager may cut ofr the connection belween any waterworks of Manager lo ,: cur off or rhe Authority and any premises towhich water is suppliedfrom such works rum oW supply or or may !urn off such supply, in any of the following cases, namely:- , . {valer ID premises. (a) if the prcmises are unoccupied; (b) if after rcceipt of written nouce from the General Managcr requiring him to refrain from so doing, theowner or occupier of thz premises continues to use water or to ptrmi~the same lobe uscd in conwvcntion of this Acr orany reguli~~ionmade thereunder; (c) iflheowneroroccupierrefuscstoadmitanyofficerorse~~~t of [he Authoriry duly aulhorised .in that behalf inlo he premises for the purpose of making any inspection reloling to rvalersupply, orprevenls such officer or servant from making such inspeclion; (d) ifLheowneroroccupieroF~epremises wilfully or negligently injures or damages the mcter or any pipe or Lap conveying waler from any works of rhc Aurhori~y; (e) if any pipes, taps, works or fittings connected with the supply of waler 10the premises be foundon examinariofl to be out of repair tosuch an exrent as to cause such wnslage of water lhal immediate prcven~ionis necessary; (f) if by reason of a leak in the service pipe or filling, damage is caused ~oapublics~aetandimmediateprevenlionis necssary; or (g) if there is any water-pipe situated within the premises to which no tap or olherefficient means of turning the water off is altached: Provided that. except in the case where by reason of any of the circurnstanccs referred to in clauses (d) lo (g) there is risk ofconrumination of water, the General Managershall not cut off such connection or turn of1such supply unlcss nolice of not less than twenty-iaur hours has been given LOtheowner or the occupicr of the premises, as the casc may bc. 2: 2: (2) No action takcn undcr or in pursuancc of this section shall relieve any person from any penalties or liabjliries which he may otherwise hnvc incurred. (3) The expense of cutting oB [he connection or or turning OR the water and of resloring the same as determined by the General Manager in any case referred to in sub-section (I), shall be paid by the owner or occupicr of the premises: Provided that no charge for such expense shall be made in ~hccase mentioned in clause (a) of the said sub-section,

54. Incarrying water-mains wihi n oroulside the Dis~ricl,he Authority Gcncn] shall have the same powers and be subject lo [he same rcslrictions rn are zy{P::ic provided in respect of carrying drains wilhin or outside the District. rcgard to rviltcr-mains. 55. When it is necessary lo bring water into the District from any place hying or outsidc the District, the Authority may, if required, construct dams, PIPS or consrruction reservoirs or orher racilitics outsidc Lhc DistTict, and may lay pipes or of conslrucl aqueducls and in so doing may exercjse. throughout thc line or aqucduck. clc.. bcyond counrry outside the District ~hroughwhich such pipes or aqueducls are to rhc Dis~rict run, all rhe powers which it might exercise under this Act or any regulation Tor bringing waler into it. made [hereunder if rhe said pipcs or aqueducts were lo run within the Disu-,ct.

56. When the Authority has laken over (he water-supply servicein any pow,, hc area under section 23, or is in position lo suppIy water in any area where lo thcrc is no such waler-supply semicc, the Authonly may, alter serving at other wn~cr- Ieml lhree months nolicein such manneras may be provided by regula[ions, ;;W&h= take over any independent water-supply syslern in [he area belonging to- (a) the State Government, on such terms and condilions m [he Slalc Govemmenl may delemine, and (b) any person, firm, corporation, OF other organisation, on payment or compensation calculaled on the buis of the market value on the dale of service of the notice of all the properlies connec~edwilh such syslem.

Drainage and Sewerage.

57. (1) The Authority shall construct and mainlain drains and sewers ~~rh~,jl~lo and provide, n safe and sufficient outfall, in or oulsidc [hc District, for pmvjdt dninage. effec~ualdrainage and propcr discharge of storm water and sewage of [he ,,,,,g, District. and oulTa11. Tlre Calcurta McfropolifanWater arrd Sanirarion Autl~oriry Act, 1966. ! [West Ben. Act

(2) If the oulfall de~eriontesby hcdecay ofe~istingriverchannelsor olherwise, the Stare Government may require the Authority to take a1 ils , . cost such action as may benccc~saryto ensure a safe and sufficient outfall.

Powcr to 58. The power of the Aulhori~yunder scclion 57 shall include the Au~horily10 irnpmvc. power lo- discontinuc drains. ctc. (a) enlarge, wch -over or otherwise improve any of its drains, or (b) discontinue, close up or deslroy any of ils drains which has in its opinion become useless or unnecessary, or (c) conslruct any new dnin in ~hepIaceof an exisling drain in any land wherein any 'of its drains has already been lawfully construcled, or repair or aller any drain so constructed: Provided that- (i) if, in the exercise of any of the powers conferred by this seclion, ii is proposed to demolish any house-dnin, a wrillcn nodce shall be served upon [he owner of such drain; and (ii) if by reason OF any thing done under this scclion, any person is deprived of InwfuI use of any drain, the Authority shalI assoon as pnclicable. provide for his use some other drain as eflectual as one which habeen disconlinued. closed up or destroycd.

Aulhorily's 59. (1) necesmry Ihe discharge power to Where it is for purpose of wtfalI or carny i~ of sewage lo carry any drain of the Auhority outside he District. the drains may do so- beyond lhc Authority Disbicr for across or or as spccilic (i) through, under any swl any place laid out or purposes. intended For n street, and (ii) after giving reasonable notice in writing to he owner and occupier, into, rhrough or under any land whatsoveror under any building. (2) In Ihccxercise of any power under thissecuan, the Authorily shall causeas linledamageaspossibletoany property mdshallpaycompensalion to any person who suslains damage in consequence of heexercise of such power.

Comrnunica- 60. The Authority may, if ncccssary, make ils drains to communicate don or Auhoril y's with, or ernpry lhemselves inlo, any public drain, lake. stream, canal or dins with water-courseoutsidetheDisrrict,and in sodoing it may exercise hroughout dnins, lakcs. ctc.. beyond the Iinc of counhy outside the Disrrict, through which the said drains are heDistrict. lo run, all the pawcrs which it mighl exercise under his Acr if the said drains were to run entirely in the Dislrict. 61. The owner or occupier of any premises shall be endtled to cause Righr or owncr or c his house-drain loemply into adrain of [he Auihority, provided that. before occupier or doing so, he- prcmiscs lo empty (a) obtains a written permission of the Genera1 Managcr and house-dnin connection Fee in accordmcc with the regulauons, and inlo 3 Jrdin pays or the (b) complies with such canditions as thc Genenl Manager may Authorily. specify &as to the mode in which, and the superinlendence under which, communica!ions between house-drains and the drains of rhc Authority are to be made.

62. No person shall wilhout complying wirh [he provisions of section Connec~ions wi~hdnins 61 make or cause lo be made any connecdon of a house-drain with a dnin of ,hc of [he Authority. Aulhoriry nor ID lx ' madc except in coniormily with =lion 61.

63. When a house-dnin belonging to one or more persons has bccn Compul!ory laid in a privaleslrect which is common to more ~hanonepremises, and he COnnKtLnnS or house- Genenl Manager considers i~ desir~blelhat any olher prcmises should be d","~ wih drained inlo such drain, he may, by written notice, require the owner of olhcr- such premises to connect his house-drain with such firsi-mentioned dnin and he owner of such first-menuoned drain shall [hereupon be bound lo pennit such connection 10 be made: Provided that no such connection shall be made excepl upon such lerms as may be provided by the regulations and until any payment which may bedirected by LheGenenl Manager inaccordancewith lheregulnlions has been duly made.

64. When any premises are, in the opinion of the General Manager, Power 10 wilhout sufficient means of effectual drainage, be may by writlen notice ~2';~ require the owner oi ihe said prernises- prcrnisc~. (a) to make a house-drain emplying into a dnin of [he Auihority; @) to provide and sel up a11 such appliances and fitlings as may appear lo the General Manager necessary for hepurposes of gathering and receiving hedrainage from, and conveying the same OFF, the said premises and of eFfectually flushing such house-drain and every fixture connected Lherewirh, or (c) to remove any existing house-drain, or other appliance or hing used or intended 10 be used for drainage which is injurious lo health: The CalcrrlfaMerropuli~arr Wafer ond Sa~iitafionArrlhoriry AL+I,1 9G6. [W~qtBcn. Act

Provided thal- (a) in cases where the drain of the Aulhoriry is beyond seventy rnclrcs from the premises. the cosl of constructing rhc ponion of thc house-drain beyond seventy metres from lhe premiscs shall bc paid out of the Fund of rhc Authori~y;and (6) if the Gcncral Manager is satisfied thar [he owner is unable to bear the whole orany pan of the cost olconstructing even [he poriion of the house-drain as is within seventy mclres from thc premises, he may, with the approval of the Board, direct that the whole or such part of the cost bc paid from [he fund of the Aulhorily.

Provision lor Whcn any premises are wilhoul privy or urinal accommodarion, privy and 65. urinal or if the General Mnnagcris of theopinion that rhccxis~ingaccommodation accommoda- Iherefor avaIiable for the persons occupying or using the premises is tion in prcrniscs insufficiznl, inefficient or Ibr sanitary reasons objectionable, Lhe General rvhcrc such Manager may, norwithsranding anything contained in any law governing accornrnda- lion hx5 no1 any municipal corporalion or municipillity, as the case may be, or in any bcen rule or by-law made thereunder, by wrilten nolice. require thc owner of provided or lo- is insuffi- such premises cient. (a) provide such or such addidonnl privy or urinal accommodahon as he may specify, or @) make such structural or other alterations in the exisring privy or urinal nccommodation as he may specify, or (c) substitute privy or urinal accommodation directly connecred with a sewer for any service privy or service urinaI accommodarion, with ninety days of such requisition.

Cos~ing 66. When a noricc has been issued under section 65 in respect of any rcpon or privy, urinal or group of privies or urinals and rhc General Manager is P"~Y pyablc out satisfied that the owner of Ihe land or building on or in which any such of thc fund privy or urinal is situated is unable to pay the whole or part of lhe expenses of rhc Aurlioriry in of carrying out the work ~quircdby rhe notice, he may, with the previous cerlain approval ofrhe Board, direcl lhal such cxpcnsesorsuch portion rhercof be caxs. paid oul of hefund OF [he Aurhority.

Powcr ro thc 67. (1) If any housc-drain, ven Iilalion shdl or pipe, cess-pool, house- Gcnrnl Mnnagcr to gully, privy, urinal or bathing or washing place in any premises is found requirc on inspection and examinalion by [he General Manager or by my arhcr rcpairr, clc.. lo be madc officer authorised by him in that behalf to bcnot in good order or condition, lo housc- or conslnrcted in conlravenlion of any of the provisions of this Act or any drain, crc. regulation made thereunder or of any other Act, or lute or by-law made under Ihe same, prevailing at heLime of such construction, the General Manager may by written notice require [he owner of [he premises- The Calcrttta Merro~~olilat~Water mrd Saaitnrior~Autl~oriry Acr, 1966.

(a) ra close OF remove the same or any encroachment thereupon, or (b) to rencw, repair, cover, re-cover, tnp, veniilate, pave and pitch. flush. or cleanse or take such other acrion as he may think necessary in this ragard. (2) In any such case rhe Gencral Manager may forthwirh and without notice- (a) stop up or demolish any house-drain by which sewage, offensive marter or pol luted warer is ciuricd through, from, into or upon any prcmises in contravenrjon of any of the provjsions or his Act or any regulalion made Ihereunder, or (b) clear, cleanse, or open our any house-drain which is choked, blocked or in any way obstrucled, and all cxpenses incurred in so doing shall in the discretion OF the Gcnerat Manager be paid by rhc owner or Ihc occupier of the premises.

68. Drains, privies and urinals and all appurtenances thereof shall be Rcgutalions conslructed, maintained. repaired, altered and regulalcd in accordance ?$"$:: , ., with such regulalions as may bc made. urinals.

69. When under !hc provisions of hisChnplcr, or Chaptcr VII, he Poivcr or rhc Gencnl Genenl Manager may require the owner of any premises lo cany out any Manager to work, he may, if he considers i~desirable so to do, require rtle occupier of rcquirc occupicr lo the said premises lo carry out such work and [he mcupicr shall be bound cmy out to comply with the rcquisition: work in place or Provided \ha( except in thecase of a special agreement to rheconlrary, oivncr. such occupier may deduct I he amount of I he expenses reasonably incurred or paid by him in respecr of such work From the rent payable ro the owner or may recover the same from him in any court of comperent jurisdiction: Provided further thar for rhe purpose of clause (b) of section 9 of rhc W=[Ben- West Bengal Premises Tenancy Act, 1956, an occupier who is a lenant Acr XI[ of 1956. shall be deemed to have given his wrjtlen consenl lo any expenditure incurred for any work done in pursuance of Chapters VIT and Vm ofthe Act whichamounts to an improvement wilhin thc meaning of thesaid West Bengal Premises Tenancy Act, 1956.

, ,- I. 70. (I) When the Authority has laken over my of Iheservices relating Takingovcr , - to seweiage and drainage in any area under secrion 23, or is in a posilios :15y' in lo provide sewerage and drainage where there is no such service, [he rhe

Authorily may, after serving a1 lcast three months' nolice in such manner $:t~~'y~~ as may be provided by regulations, take over any independent sewerage or Ywcngc lo- and dninagc drainage system in the arca belonging syslcm. The Colcrr~~aMerropulirm~ Warer atrrl Sunitafion Arrtlrorio Act, 1966.

[West Ben. Act ' (Chapter M.-Prosecrrlio~ andpenolry.Seciions 71, 72.- Clrap~crX.-Miscellarieorrs.Sectior~ 73.)

(a) Lhe Slate Government, on such terms and conditions as the Slate Government may dcrcnninc, and (b) any pcrson, firm, corporalion oroher orgmisauon, on payment of compensalion calcula~edon the basis of \he market value on the date of service of the notice of all the properlies connected wit11 such system.

(2) Nolwilhslandingany t hing to the conbmyconlained in ~heCalculla Bcn. ACI v Improvement Act, 191 1, or the Hoivreh Improvement Acl. 1956, d~erthe Aurhoriiy has laken over Ihe municipal services relating to warer supply, ACI XIV or drainageor sewenge in any area, any work conslructed in any slrcct within 1956n the area by the Board of Truslees lor the improvement af Calcut~aor the Board of Truslees for the improvement of Howmh in [he course of execulion of any improvement scheme for providing water, sewerage or drainage facilities therein shall vest in heAuthority on and from the date such street vests in hc Corporalion of Calculla or [he MunicipaIily of Howrah, undcrsection 65 of theCaIcu~taImprovement Act, 191 1, orof [he Howmh lmprovernenl Act, 1956. as the case may be.

CHAPTER IX

Prosecution and Penalty.

Rostculion. 71. No courtshall takecognisnnceoFany offence under this Act orany rule or replalion made thereunder except on hecomplainr of an officer of the Aulhority aulhorised by it in this bchalf.

72. Whocver contravenes the provisions of his Act or of any rule or regulationmade thereunder shall be punishable with imprisonment which may extend to one year or with fine which may exlend to one rhousand rupees or with both.

CHAPTER X

73. Itshallbe lawful forthe General Mmogcroranyofficeraulhorised by him in [his behalf to enter into or upon any land or building wilhin the District with or without awislanls or workmen in order to make any enquiry, inspection, meuurcmenl or valuation, or to execute any work which is authorised by or under ihis Act or which it is necessary to execule for any of [he purposes or in pursuance of any of the provisions of his Act or of any rule or regulation made thereunder: Tlre Calcrr~~aMetropoIiiarl Water atrd Sor~iroiionAzrrhority Act, 1966.

Provided lha~before enlering upon such land or building norice of thc ': intention to do so shall be given lo the owner or occupier or both in such mmncr as may be pprovidcd by rcgulntions.

74. (I) The Genenl Manager or any officer authorised by him in [his Powcrs or iilspecrion behalf may- and cxaminniion. (a) inspect and examine any house-drain, ventilarjon shafr or pipe, cess-pool, house-gully, privy, urinal, or bathing or washing place exisring in, or any pipe, tap filling or merer for supply of watcr to, any prcmiscs; and (b) if neccssary 'for rhc purpose of such inspection and examination, cause [he ground or any ponion of any house- drain or oiher work exlerior to a building or any portion oTa building lo be opened, broken up or removed: Provided hat in the prosecution of any such inspection and exarninarion as liltle damage as possible shall be done.

(2) Any ground or any porlion of any house-drrrin or orher work exlerior lo a building or any portion of o building opened, broken up or removed under clause (b) of sub-seci~on(I) shall be lillcd in, re-instated and made good by- (a) the owner of Ihe premises a[ his own cosl, where the works or things mentioned in clause (a) of sub-section (1) are found on inspection and examination to be nor in good order or condirion or constructed in coobaven~ionof any of he provisions or his ACLor any rcgulalion made hereu under, or of any orher Act, or rule or by-law made under the same. prevailing at Ihe lime of such consuuc~ion,and (b) the Authority, in olher cases.

(3) Where the owner of any premises niscs any dispute as to the existence of any of hecircumsrances referred to in clause (a) of sub- section (2), he may, within thirly days from Ihe dale of inspection and examination, make a written representation 10-

(a) Lhe General Manager, in cases whcre the inspection and exarninatian is doneby any officer ofthe Authority otherthan the General Manager, and (b) thc Board, in arher cases,

and [he decision of the Genenl Manager or the Board, as [he case may be, shull be final. Polvcs to 75. (1) n~t:General Manager or any oll~erofficerauthorised by him disinkcl [&lk, pool or in his bchalf may have any lank, pool or wcIl cleansed or disinfected after well. nolice ro ~hcawner and the occupier, if any, lhcrcof when it appears lo him [hat such cleansing or disinfec~ingwiI I tend to prcvent or check [he spread of any dangerous disease. (2) The cost ofclcansing ordisinfec~ingunder sub-seclion (I) shall be paid by the owner or occupicr OF the lank. pool or well and shall, in cse of defaulr, be rccuverable as mcar of waler-charge; provided that iTthe Genenl Manager is salisfied thal such owner or occupier has no means to pay, hemay. with [he prcvious approval orthe Board. direct \ha[ suclicos~ be paid from the fund of ~hcAurhority.

Mu~licipnl 76. All buiIding plans submitted 10 a municipal corporation or ~uthoIilies no1 to municipalily for sanction shall conform to the regulalions of the Aulhority unclion relating 10water-supply, drainagc,privy and urinal accormnodniion wirhin building plan unlcss the premises, and no building plafl shall be sanctioned by [he aulhorilies plan rclalinp ofany n~unicipalcorporarion or municipality unless [he same soconforms. 10 wiltcr supply, clc., is in conformity with rc~ulnrions.

Powcr lo 77. (1) Whcn any requisilion or order is made under any OF the Aurhorily and Gcncnl provisions of [his Act or any regularion made rhcrcunder by a wriucn Managcr lo nolice issued by rhc Authori~orthe GcneraI Manager, areasonable period cnrorcc rcquisirion shall, unless othenvise provided for under such provision, be specified in ur ordtr. such notice for carrying such requisilion or order inio effect, and a reasonable period shnll also be specified Ihcrrin within which any wriuen objec~ionthereto shall be rcccived by the Gcneral Manager. (2) Such writren objection, if any, shall be heard and disposed of by the Gencral Manager after giving notice Lo Lhc objector and Ihcorderofthe General Manager thereon shall be finill. (3) Ifrherequisilion orthe order isnor complied with ivilhin the period specified in thenoliccor, ifan objeclion has been preferred and disallowed, wilhin such extended lime as may be specified in [he ~rdcrof disposal of [he objec~ion,the General Manager may inkc such measures or cause such works to bc executed or such things to be done as may, in his pin ion, be uzccssary for giving due effecl lo the requisition or the order so made, and unless ir is otherwise expressly provided in this Acl or in any regularion made lhcreunder, theexpenses ~t~ereorshallbe paid by he person or by any one of rhc persons lo whom such requisition or order was addressed and shail be recoverable as amear of ~valer-chfirge. Tlrr Cnlcrrt~oMefropoliran Wa~eratrd Sflt~irariot~A~rflrority Acr. 1956.

(4) The General Manager may lake any measures under sub-section :: (3), whether ornot the person who has failed tocomply with ~hcrequisition or ordcr is liable lo punishment or has been prosecuted orsenlenced lo my punishmenl under [his Acl or any rtgulalion made thereunder for such failure.

78. (1) The compensation pnyble under sections 13. 56.59 and 70 shall be determined by [he General Mnnagcrorany otherofficerauthorised by him in this behalf in such manner as may be prescribed; provided Ilia[ whcrc thc amount of claim exceeds rupees len thousand, rhe General Manager shall rcfcr thc cue to the Board which shall then detcrrnine compensation in such manncr as may be prescribed. . (2) Where several persons claim lo be entirled to the compensation, he Bod, [he General Manager or Ihe officer, as the casc may be, delemining thc amount of compensation under sub-seclion (1) shall also deternine the persons who, in it< OF his opinion are so enrilled and apportion the amount among them. (3) Delemination of the amount of compensalion under sub-section (1) and of persons entitled thereto and apportionment thereof under sub- section (2) shall, subjecl lo appcal as hereinaiter provided, be final.

79. (1) Any person aggrieved by an order of [he Gcneral Manager or the officer determining the annual value of any land or building under section 35 or by an orderof~heBoard, thc Genera[ Manager or the officer, as the case may be, determining the amounl oicompensa~ionunder sub- section (1) of section 78, determining Ihe persons entitled therelo, or apponioning the amount thereof under sub-seclion (2) of [he said section may, within, sixry days from thedareofsuch order, prefer an appeal to such authority as may be appointed by the Statc Government by notificalion. (2) No pcrson shall be appointed under sub-section (1)as an authority to hear appeals unless hc il or has bccn ajudicial officer for at leas^ 10 ycars. (3) Appeals under sub-seclion (1) shall be filed and heard in such manner as may be prescribed.

80. No act or proceeding of heAulhority or of the Genera1 Council or of thc Board shall be deemed lo be invalid mcrely by reason of the existence of any vacancy in the General Council or in the Board or any defect or irregularity in heconslitution of the Aulhority or ofthe General Council or of the Board.

81. The provisions of this ACLshall have effecl nolwiths[anding ~cila anything lo the contrary contained in any other law for rhe time bcing in ovcmde uiher I;~ws. force or any instrument made Ihereundcr. ctr. T~IL*Calc~irta Metropolif o~i Warcr at~rlSun itat iori Attflruri~ Acr, 1966. [West nen. Act

Au~horiiyto 82. The rund ofllle Aurhority shall be drcmed to be local fund and [he iI. .. b2 P local !- - aurhoriry. Authoriry shall be deemed ro be a local aurhorily within [he mcaning of clausc (23) of seclion 3 of ~hcBengal Gcncral Clauses Act, 1899. Bcn. AC~l or 1899. Mc~nbcs, Diwcrom. 83. All members, Dircclorj, officers, and employees of the Authority clfficcrs and shall bc dcemed, when acting or purporling lo act in the discharge of their cmployccs or lllc duties or in the excrcise of their powers under this Act or under any rule hull~oritylo or regulalion ~nadc[hereunder, to be public servanrs wirhin [he meaning bc public XLV or SCN1IlLT. of seclion 2 1 or rhe Indian Penal Code. 1860.

84. (1) No person shall, in any way, obstruct ally member, Direclot, officer or emplayee of the Aulhority in the discharge of any duly or !he excrcise of any powcr under [his Act.

(2) No person shall obstruct any person with whom the Aulhoriry I \ has entered into a conrrnct, in rhepcrformance orcxecu~ionby such person i or his duty under, or in doing any thing which he is empowered to do by I virtue of, or in consequence of, this Act or any rule or regulalion made i ~liereundcr. !

Local 85. (1) All local authority shall render such help and assislance and nu~hori~icsto awisl. Furnish such information to the Aulhori~yasIhe Aurhority may require Tor carrying out ils purposes and sl~allmake available to the ~ulhorityfor inspeclion nndcxarnination suchrecords, maps, plans and olherdocumenrs as may be necessary for rhc discharge of its functions.

(2) Every municipal corporalion or municipaIjry wirhin the District shall, on demand, make available copies of assessment rolls and other relevant docllmcbts in connecrion with assessmenl of rates and taxes on payment of such fccs as may be prescribed. Such copies shall be duly certified by an officer of the corporarion or the municipaIiry, as the case may be, aulharised in this behalf.

86. No person shalt remove my mark placed, or fill up any trench cur. for the purpose of niarking levels and boundaries by the Aulliorily under the provisions of this Act.

87. No suit or proceeding shall lie againsr any member, Direcror, officer or-employee of the Authorily for anyrhing in good faih done or intended to be donc in pursuance of his Act or any rule or regulation made thereunder.

Tt~cCalcr~tfn Metropolitarr Warer a~tdSa~lirrrriot~ A~itlroriiy Act, 1966. [West Den. Act :

(5) If the Authori~yLib w carry out its runctions, ar lbllow [hc directions issued by the State Govcmmenr under this Act, he Stale Government shall have the powcr torcmovc all (he Di~ctorsincluding the Chainnan and in [he case or such removal ~hcBoard shall be reconslitu ted in accordance with the provisions of section 5.

Powcr nT '90A. (1) If in [he opinion of the State Govcrnrncnt it is necessary so Statc Govcmnicnl to do with a view ro betrer co-ordination and speedier execution of lo supcrscdc development work and main tenonce thereof hcStntc Government may, thc by an order published in the Official Gnzerte and mentioning therein the Aulhority. reuon for the order, supersede the Authority for such period as may be speciiicd in [he ordcr. (2) For he removal of doubls it is hcrcby declared [hat no norice whalsoever is required to be given to [he Aurhority for submission of any representalian before making any such order of supersession under sub- scclion ( I). (3) Thc State Govcrnmcnt may, if i~considersnecessary so to do, by order. extend or modify horn lime lo rimc the period of supersession.

Consc- '90B. (1) When an order of supersession has been madc under qucnccs or huperscs- sec~ion90A, hen with effect from the dare of the order- sion. (a) all Directors and members of the Authority shall vacate their offices: (b) all properties, funds and dues which are ves!cd or realisable by the Aulhority shall vesl in and bereaIisableby thcCalculra Metropolitan Development Authority conslituled under section3 oftheCalcurtaMempolitan Developmenr Aulhoricy wlrt BCO. Act, 1972? (hereinafler re~crredto as the Metropolitan f;;:10f Authority); (c) all conlr~ctsand liabilities which are enforceable by or againsr the Board shall be enForceubIe by or against [he Merropoliran Aurhority; (d) a11 [he powers and duties which may, under [he provisions of his or any otherAc1 orany rule, regulation. bye-law, order or notification made hereunder, bc exercised or performed by the Au~horityshall bc exercised or performed by the Metropolitan Aulhori~y; (e) ail legal proceedings inslimled by or against the Authority may be continued or enforced by or against the Metropolitan Aurhority;

'Scclions 90A and 90B wcre inscrled by Pard C to the Schcdulc ID ~hcCatculta Mclropolilan Dcvclopnicni Au~liori~yAct. 1972(\Vc\I Bcn. Act XI or 1972), as mcnded by s. 6 or llic Calcula Metropolitan Development Authority (Amcndmcnr) Acl. 1974 (Wcst Bcn. Act XXl 01 1974). This Acl hxso far bccn rcpcalcd by s. 142 or thc Wcsl Bcngnl Town and Country (Planning and Dcvclopincnl) Acl, 1979 (\Vcsl Bcn. Act XI11 of 1979). The Calc~rt~aMe~rojolifu~r Wofer atid Srrtlirarior~ AtrrhotmiIy Act, 1966.

(0 all officers and orher employees of the Aulhorjry con~inuing in office immcdinlely before thc dale of the order sl~aIlbe deemed to be employed by rhc Metropolilan Authorily on such terms and conditions not being less advantageous than what they were entitled ro immediately beFore the said date. (2) The State Govcrnment shall, before the expiration of the period of supersession rc-cstabIish the Authority in accordance with the provisions of this Act. (3) The State Government may milkesucl~incidentill or consequential orders as may appear lo it to bc necessary Tor giving cCfcct to the order inadc under sub-section (1) or (3) of section 90A or under sub-section (2) of s is section.

91. 1Tany difficully arises in giving effect lo any ofthe provisions of Provision [or this ACI. the Slate Govemmcnt may, by notification, takc such steps or issuc such orders not in consist en^ with this Act as may appear to ir to be necessary or cxpcdient for the purpose or removing such difficulty.

92. (1) The State Government may make ruhs for carrying out the Pclwcr ro purposes of (his Act. mnkc rule*, (2) In particularand wi~hourprejudiceto[he gencrali~yofhe foregoing powcr such rules may provide for all or any of the following marlem, namely:- (a) rhc manner of election of Directors by the Gencml Council under clause (b) or sub-section (1) of section 5; (b) the qualifications, remuncmrion, olher conditions of service nnd fees for attendance at meetings of Directors under sub- section (3) of section 5; (c) he dulies and ~hciunc~ions of the Chairman under sub- section (5) of section 5; (d) the limc lor eleclion of Directors by the General Council under clause (b) of sub-scclion (6) of section 5; (e) the officcr before whom an appeal may be preferred and the manner of doing so undcr sub-section (I) of section 24; (f) themanncr of derermining annual value under section 35; (g) thc manner of performing lunclions and the procedure 40 be followed in connection thcrcwith, (he manner of accounting, the time and manner of payment by, and the provision of credits or allowances to, he local authority undcr sub- section (2) of section 40; The Calcwtra Merropolirn~lWarer o11d Sar~irario~lAtrllroriry Acr, 1966. [West Ben. Act

(h) [he public health standards of water-supply under sub- section (1) of section 45; (i) the manncr of determining compensation undcr sub- sccrion { 1 ) of seclion 78; 6) the mnnncr of filing and hearing OF appeals under sub- sccrion (3) of seclion 79; (k) ~IIZ~CCS for obtaining copics of assessment rolls, etc., under sub-section (2) of scction 85; (1) any olher matlerwhich may be or is required to be prescribed under this Act.

Power ID 93. (1) The Authority may make regularions no1 inconsistcnr with makc rcEuladons, 11lis Act or the rules made Lhereundtr, for carrying oul its iunclions under this Act. (2) Inparlict~larand wirh~utprejudi~etoIhegenenIily ofthe foregoing power, such regulations may provide for all or any of the following matlers, namely:- (a) the deposit, collection, removal and disposal of garbage and regulation thereof undcr sub-section (2) of secrion 10; (b) the manncr of giving notices under [he proviso lo section I 1, the second proviso to scction 12, seclion 56, sub-seclion (1) of section 70 and the proviso lo ~ClioIl73; (c) the number of Directors necessary to form quorum and the procedure for conduct of buisncss by thc Board under sub- scaion (2) or seciion 16; (d) the numbcr of members necessary to ram quorum and the procedure Tor conduct of business by rhc General Council under sub-section (2) of sec~iw17; (e) hefunclions and dulies of the Gencnl Manager under sub- section (1) afsccdon IS; (f) the mcthod of recruitment, lhe qualjlications, the pay, and other rermsilndconditions ofscrviceofoTfice~andemployees under seclion 19; (g) the rules for providing for sinking, dcpreciaiion, reserve and other funds under sccrion 31; (h) the manncr of notifying [he rates of water-charge, surcharge and tax under sub-section (2) of sectinn 33; (j) [he manner of de~crminingconsumplion of walcr under sub- sections (2) and (3) of secilon 37; Ij) he amount of chargc Tor mews under the proviso to sub- section (4) of sec~ion37; Tllc Calcrl~~aMerropoliran Warer arid Sani~a~ionArrll~on~~ ACI. 1966.

(Scherl~rleI.)

(k) the time, pIace and manner of payment of [axes, Fees, charges and surcharges under sub-seciton (I) OF secrion 41; (I) rhc Ibrm and manner of mainlaining accounts undcr sub- seclion (I) OF seclion 42; (m) the for~nforthe prepslntion of the annual financial siaternenl under sub-section (1) of seclion 43; (n) the date by which and the form in which the budgct shall be prepared under section 44;

(0) herules for making, mainlaining and regulaling connections for the supply of watcr and fees for conneclion and re- connection under section 46; (p) [he charge for [he supply of w~terlo ships leaving the Port of Calcutla under section 51; (q) the conditions for sinking tube-wells under section 52; (r) [he procedure for obraining and [he gnnling of wrillen permission and the payment of connecrion fee referred to in clause (a) of sccdon 61; (s) the terms and the amount payable for compulsory connecrion of house-drains under the proviso to section 63; (r) Iherulcs forconstrucrion, maintenance, ctc., ofdrajns, privies and urinals under section 68; (u) any olher rnaller which may be or is required to be provided by regulations under rhis Act: Provided hat in making regulations regarding any of the matters specified in clauses (b). (c), (dl, (0,(g), (I), (m), (n),-(q) and (u), the previous approval or the State Gwemment sllall be obtained.

SCHEDULE I.

ISce seclion 2(l)(c)]

"CALCUTTA METROPOLITAN DISTRJCT'

The "Calculla Metropoliran Dis~rict"iscomprisedof ~hearcaincludin~ the river HooghIy which has kendescribed in IWO blocks with boundaries as follows, namely:- The Calc~rtraMetropolirarl Warcr atrd Sfl~rirurio~lArrthoriry Acr. 1966. [West Ben. Act (Sclred~rleI.)

A. Block I 1. Northern Boundary In dislrict Hooghly: A line srans from the poinl rvhcre a straight line dnwn eastward along the northern boundary of mauza Refaitpur (J.L. No. 29) mccrs the eastern boundary line of rhc Hoogh ty dislrict in thc river Hooghly and proceeds rveslward along the nonhern boundaries of mauzas Refairpur (J.L. No. 29) and Benipur (I.L. No. 34) wilhin police-station Mogra. 2. Westcrn Boundary In district Hooghly: The aforesaid Iinc then bends southward and runs along the western boundaries of thc said mauza Benipur (J.L. No. 34) and mauzas Trebeni-Baikunthapur (J.L. No. 36), Amodghalu (J.L. No. 40) and Alikhoja (J.L. No. 47) within police-station Mopo; Thereafler il follows thc wcstem boundary of mauza Hosenabad (J.L. No. 148) within policc-station Pol ba; The same line lhen procecds along the western boundaries of mauzas Dingalltar (J.L. No. 44) and Saptagram (J.L.No. 45) within police-sta~ionMogn; ThcreaFter the same line foIlows the wcslern bou ndarizs of mauzas Jhanpa (J.L. No. 1SO), Tarabihari (J.L. No. 1 5 1). Nandipur (J.L. No. L53, Panchrakhi (J.L. No. 154), Amurpur j1.L. No. 176), Mahespur (1.L. No. 178) and Bhushnan (J.L. No. 192) within police-station Polba; Thereafter he same line follows the rveslem'boundiu-iesof rnauzas Khalishani (J.L. No. I), BeIkuli (I.L. No. 21, Bejra (J.L. No. 4), norlhern and weslem boundmics OF rnauza Garzi (J.L. No. 6) and wcstem and southern boundaries of mauza Bighati (J.L. No. 14) wirhin police-stat ion Bhadreswar; Then the said line follows [he wesrern boundary of Baidybali Municipalily; 11 then fol1ows the weslern boundaries of mauzas Piarapur (J.L. No. 71, Belumilki (J.L. NO. I I), Madpur (J.L.No. 20), Bangihati (J.L. No. 211, Jagannalhpur (J.L. No. 26), Bamunari(J.L. No. 25) and Bhadua (J.L. No. 23) wirhin police-slation Senmpofe; Then [he line FolIows thc norlh-western boundap of mouza Chakundi (J .L. No. 931, norrh-wesrcm and western boundaries or The Calc~rrfaMetropoli~a~i Warcr atrd Snnirurion Aulflori~y Acr. 1966.

rnauza Dankuni (J.L. No. 93), western boundary of mouza Monoharpur (J.L. No. 98) and wcstem nnd southern boundaries of mauza Mrigala (J.L.No. 102) up lo the point where i~ meets the northern boundary-line of dislrict Howrah within police-srarion Chanditala; In district Howrah: Thcsame line then foIlows the norrhcrn and western boundary-line of mauza Baigach hi (J.L. No. 1 ), western and southern boundarics of mnuzn hgadispur (J.L. No. 2) and wesrem boundary of mauza Chamrail (J.L. No. 5) within police-station Bally; Then it runs south-wes!ward along the north-wesrernand wcstem boundaries of mauza Tentulkuli (J.L. No. 53) and Kanrlia (J.L. No. 50),norlhcrn boundary of nlauza Ankurhari (J.L. No. 30) and easlern, norrhcrn and western boundaries of mauza Bipra Noapara (J.L. No. 27) within police-station Dornjur: Then ir follows the western boundarics of mauzas Jangnlpur (J.L. No. 28) and Argari (J.L. No. 27) within police-station Sankrail; Then ir runs aloog the north-eastern, norlhern and north-western boundaries of mourn Sankharidaha (J.L.No. 221, nor1 h.eatern, northern, wesIern and sourhern boundary of mauza Amrc (J.L. No. 21) and southern boundaries of mauza Sankharidaha (J.L. No. 22) wilhin police-station Domjur; Thereafter rhc line runs along the south-weslem boundary of mauza Alampur (J.L. No. 25), western boundary of mauza Masila (J.L. No. 24), northern boundary of mauza Chaturbhuj Kathi (J.L. No. 23), eastern, narthern and western boundaries of mauza Jala , Dhulagari (J.L. No. 2) and northern, western and sourh.western boundaries of mauza Kendua (J.L. No. 5) within police-slotion Snnkrail; Thewafler it follows the norrhcm and western boundarics of mauza Paniara(J.L. No. 28). western boundilries ofmauzaSatgharia (J.L.No. 27), and Belkulai (J.L.No. 31) within police-stalion Panchln; 11 then follows henonhern, weslcm and soulh-wesrern baundaries of mauza Raghudebpur (J.L. No. 99). western boundnries of mauzas Balarampola (I.L. No. 103) and Dasbhaga (J.L. No. 104). north-westcm boundary of mauw Chengail (J.L. No. 105), nonh- eastern boundary of mauza Sijberia (J.L. NO.106), norlhern and western boundaries of mauza Jagalpur (I.L. No. 95), weslern boundaries of maum Ko~sllghala(J.L. No. 107), Fulcswar (J.L. No. IOS), Latibpur (J.L. No. 86) and Buhir Gangarrlmpur (J.L. No. 85) within police-slation Uluberin. Tlrc Culcrrt/a Mcrropolirar~Water mld Satritotio~~Atrthoriy Acf, 1966.

[West Ben. Act ' (Sclrer[crle I.)

I - 3. Soulhern Boundary ! - In dishict Howrah: , -. The aforesaid line then lakes n sharp bend towards the cat following [he southern boundnries of [he said mauza Bnhir- Gangarampur (J.L. No. 85) and mauza Uluberia (J.L. No. 109) within police-station Uluberia; And 1hereuCier it proceeds futher eastward in a straight linc and meers the cutern boundary-line oi Howrab district in [he river Hooghly. 4. Eastern Boundary Thercafier [he samc line proceeds norrhivard following the eastern boundary-lineof districfi Howmh and Hooghly in the river Hooghly and mccts the srarting point of the norihern bound.uy. B. Block 11 I. Northcr Boundary In district Nadia: A line slam from the point whcre a slraighr line drawn wes~ward along the norlhern boundary oi rnauza Majher Char (J.L. No. 54) meek the weslern boundary-line of Nadia distric~in ihe river Hooghly and proceeds castward along henorthern boundaries of mauzas Majher Char (J.L. No. 54), Gustia (J.L. No. 61), Jadabbati (J.L. No. 651, Chak Manikkanda(J.L.No. 661,norlhcrn and easrcrn boundaries ofmauza Mathurabati (J.L. No. 68), northern boundaries of inauza Dakshin Bhabanipur (J.L. No. 69), Gopalpur (J.L. No.75) and Kalrrganj (J.L. No. 741, westernand noidhem boundnries of maum Kulia (J.L. No. 83) and northern boundaries of mauzas Raghunathpur (J.L. No. 82) and Dognchhia (J.L. No. 88) wiihin police-starion Chakdaha. 2. Eastern Boundary In dislrict Nadia: The said line then bends soulhward and runs along the eastern boundaries of the said mauza Dogachhin (J.L. No. 88) and rnauza Gayespur [J.L. No. 87), sou~~.easlernboundary ofmauza Kanpur (J.L. No. 86) and southern boundaries or mauzas GokuIpur (J.L. No. 73) and Salrapara (1.L. No. 72) within police-slation Chakdaha; Trr disuict 24-Parganas; Therearrer the samc line follows the sauih-cutern and sout hem boundarirs of rnauza Palladaha (J.L. No. 5): hnil sharply bends soulhward follolving he easlern boundary-line the Kanchrapara Municipalily and then it runs along the norlhern and eastern Tile Calcrrlra Merropulifnrr Wntur mid Sanitariotr Arrrlron~ Acr. 1966. XI11 of 1966.3 (Scliedule I.)

boundaries or mauw Srotribati (J.L. No. 20), eastern and sou thcm boundarics of mauza Chendua (J.L.No. 1X), soulhern boundary or mauza JcI~~(1.L. NO. 16) and easlern boundaries ofmauzas Nanna (J.L. No. 15) and Jaduna~hbali(J.L. No. 13) within police-s~a~ion Bijpur; Then the same lint procccds along the eastern and southern boundariesof mauwR;ljendmpur(J.L.No. 10). eastern baundaries or mauzas Naihati (J.L. No. 3) and Dculpara (J.L. No. 5) within police-stalion Naiha~i; Thereafter it foIlows theeastern and southern boundaries ofrnauza Madrail (J.L. No. 2). casrem boundary of mauza Fingapara (J.L. No. 3), eastern and soulh-eastcm boundaries of rnauza Narayanpur (1.L. No. 4), eastern boundaries of mauzas Mandalpara (J.L. No. 10) and Bidyadharpur (J.L. No. 17), southern boundary of mauza Rahu~a(J.L. No. 22), eastern and soulhern boundaries of mauza Gurdaha (J.L. No. 21) and eastern boundary of mnuzn ' Pal tapan (J.L. No. 25) wirhin police-station Jagaddal:

Then it runs along ~hcnorlh-castern boundary of mauzo Bzlbanpur (J.L. No. 1) and then proceeds cas~wardalon~ Ihe nonhcm boundaries of rnauzas Jafarpur (J.L.No. 9), Mohanpur (J.L.No. 8) and Telinipara (J.L. NO. 10) and again bends southward along the eastern boundary of thc said mama Telinipara (J.L. No. 10) and noflh-eastern boundary of maum Nilganja (I.L. No. 13) wirhin police-station Titagarh; Thcrcalier the same line proceeds further exiward along thc norhtern boundaries of mauzas Salurhnt (J.L. No. 13), Rangapur (J.L. No. 12), Kokapur (J.L. No. 1 I), Barbaria (J.L. No. 8), Chalurin (J.L. No. 34), Napara (J.L. No. 83), Palpakuria (J.L.No. 82), Maliakur (I.L. No. LOO), Murali (J.L. No. 99), Mandalganti (J.L. No. 98) and Sikdcspukhuria (J.L. No. 95);then it bands souihward following the emem boundaries of rnauzas Sikdespukhuria (J.L. No. 951, Bara (J.L. No. 113). Sarabaria (J.L. No. 112), Kuberpur (J.L. No. 108) and Chandigori (J.L. No. 109), eastern and sourh-easten] bouodui~~of mauza Kayemba (J.L. No. 171), eastern boundary of mauza Bagband Saiberin (J.L. No. 172) and sourh-castem boundary of maum Krishnapur Madanpur (J.L. No. ISl); rhcn il sharply bends nonh- weslward rollowing [he soulhem and saulh-wcstem boundaries or he said mauza Krishnapur Madanpur (J.L. No. IS]), southern boundary of mauz;l Bagberia (J.L. No. 6S),easlcrn boundary of mama Kachua (J.L. No. 6G), earern, southern and western boundaries ofmauza Singhapma (J.L. No. 65). western boundarics The Calc~rt~aMcfropolirrrrr Wnrer ar~dSnnitatint~ A~rtl~oriiy Acr, 1966. [Wut Bcn. Act (Schedrrle I.) . . of mauzas Kachua (J.L. No. 66) and Maheswarpur (J.L. No. 67), soulhem boundary of maum Badu (J.L. No. 7 l), south-easlern and sourhern boundaries of rnauza Digbcria (J.L. No. 74), andsouthem boundary of rnauza Abdalpur (J.L. No. 53); lhen the line again bcnds sourhwdrd along the soulh-easiern boundary of maum Chandnagar (J.L.No. 44), eastern and sourh-easlern boundaries of mauza Doharia (J.L.No. 451, sourh-eastern boundary of rnauza Ganganagar (J.L. No. 49) and north-eastern boundary of mauza Doanagar (J.L. No. 48) wirhin police-slation Barasat;

Thcn i~ follows thc northern andeastern boundaries of rnauza Ganli (J.L.No. I), easiern, sourh-castcm and southern boundaries of maum Gopalpur (J.L. No. 2), south-eastern boundaries of mauzas Alghara (J.L. No. 10) and Teghari (J.L. No. 9). easrem and soulhcrn boundaries of mauza Jyangra (J.L. No. 16). and eastern boundarics oCmsluzas Krishnslpur (J.L.No. 17) and Mahishbalhan (J.L. No. 18) within police-slation Rajarhat;

Then it Follows the north-eastern and eastern boundaries of rnauza Dhapa Manpur (J.L. No. 1) within police-slation Bhangar;

Thereafier the same line runs along the eastcm and sourhcm boundaries OF mauza Dhapa (J.L. No. 2). eastern boundaries of maum%Choubaga(J.L.No. 3),Nonadanga(J.L. No. LO), Madurdaha (J.L. No, 12), Kalikapur (J.L. No. 20), and Barakhola (J.L. No. 2 1 ), north-eastern and enslem boundorics or muuza Chak Ganiagach hi (J.L. No. 24) and eastern boundary or mauza Chak Gariu (J.L. No. 26) wilhin police-sration Totlygunge;

Then il runs along the northern and cnstem boundaries of rnauza Dhelua (J.L. No. 431, nonh-enslern boundary ofrnuu7aTentul baria (J.L.No. 44), northern and eastern boundariesormauza Kamrabad (J.L. No. 41), enstern boundary of mauza Gorkhara (J.L. No. 23, eastcm and soulhcrn boundaries ormauza Sonarpur (J.L. No. 39); thereafter it proceeds southward along the eastern boundary-line of Rajpur Municipalily, and [hen along [he easrcm boundaries of mauzas Char Harinabhi (J.L. No. 33) nnd Bangsidharpur (J.L. No. 34) wi~hinpolice-slaiion Sonarpur;

Then it proceeds along [he easrem boundary ofmauza Mallikpur (J.L.No. lo), northern and easlern bound,ujes of mauza Gancspur (I.L. No. I2), and eastern boundaries of mauzas Sulianpur (J.L. No. 16), Beralia (J.L. No. I7), Kapindapur (J.L.No. 18), Baruipur (J.L.No. 3 I) and Beliaghata (J.L. No. 67) wilhin police- srarian Baruipur; Tile CalcrrtfaMerropoliran Water arrrl So~lirariotlA~rfhoriiy Acr. 1966. XU1 of 1966.1 (Scl~ed~rleI.)

3. Southcrn Boundary In dish-ict 24-Pnrganas The aforesaid line then takesa lurn torvards he west following the soulhern bound,uies of msluzas Belinghata (J.L. No. 671, Sasan (J.L. No. 66), Pachim Madhalpur (J.L. No. 5 1) and Sanpukuria (J.L. No. SO), soulhcrn and weslern boundaries of mauza Nihala (J.L. No. 49), western boundary of rnauzn Madhya KaIympur (J.L. No. 42) and south-western boundary of mauza Dhopagachhi (J.L. No. 43) within police-stalion Baruipur; Then il follows [he soulhern and western boundaries of maum Bilrnangachhi (J.L. No. 86); then i~ runs norlhwud following the wcstem boundaries of mauzas Sri Krishnapur (J.L. No. 85), Baragachhia (J.L. No. 84), Baruli (J.L. No. 33) and Raghunathpur (J.L. No. 68). then it cakes a rum towards the west and follows thc castern, soulhern and western boundaries of mauzas Hogalkuria (J.L. No. 67) and Ban Hugli (J.L. No. 65),and sou them and western boundaries of rnhuza Danga (J.L. No. 64) within police-slalion Sonarpur; Thereaflcr he line follows rhc southern boundaries of mauzas Magurkhali (J.L. No. 351, Sajnaberia (1.L. No. 33), Gopalnagar (I.L. No. 32), Kalua (J.L.No. 22) and Hanspukuria (J.L. No. 20) within police-station Behaia; It then proceeds along the southern boundaries of mauzas Kalagachhia (J.L. No. 40), Sankharipota (J.L. No. 36), Naoabad (J.L.No. 35) and Khanberia (J.L. No. 32), soulhern and western boundaries of rnnuza Chandigar (J.L. No. 3 1), south-western boundary of mauza Sanpukuria (J.L. No. 30), and southern boundaries of niauzas Charo Kalikapur (J.L. No. 221, Sibhugli (J.L. No. 21) and Rameswarpur (3.L. No. 20) wilhin police- station Mahcshlola; Thereafter the same line follows the souihern boundaries of rnauzas Betuabnti Rajarampur (J.L. No. 261, Snatoshpur (J.L. No. 25) and U![m Rnipur (1.L. No. 15), eastern and soulhem boundaries of mauzas Benjanharia Charial (J.L. No. 13), Njschintapur(J.L. No. 35) and UttarRmchandrapur(J.L. No. 37), soulhem boundaries of rnaums Raghunathpur (J.L. No. 40) and Rajanmpur (J.L. No. 41). and eastern and southern bound~esof mauaa Achhipur (J.L. No. 44) within police-starion Budge Budge; And then it proceeds fudher weslward in aslraighl line and meels (he weslern boundary-line of disrricl 24-Pargans in he river Hooghly. Tire Calcrrtrn Me~ropolirarrWater attd Sunirarintr A~ltdtorily Act, 1966. [West Ben. Act (Schedr~leI atrd I!.)

4. Wcstcrn Boundary Thereafrerihesame Iineprmeeds norrhward following the wesrem boundary-lineofdislrict 24-Parganas, Calcurla, dis~ict24-Parganx and Nadia in the river Hooghly and meels the slarting point of the nonhcm boundary. Explo~~arion.-For the purpose of [his Schcdule "Calcutta" means the area comprised wirhin helocal limits Tor the time being of the ordinary original civil jurisdiclion of Ihe High Court at Calcuua.

SCHEDULE II.

(See scction 7.)

1. Chairman of the Board of Direcrors.

2. Secrelary, Department of Health, Government of West Bengal.

3. Secrelary, Departmen1 of Finance, Government of West Bengal.

4. Secretary, Depmrnent of Inigaiion and Walenvays, Government of West Bengal.

5. Joinr Secretary, Departmen1 of Local Self-Government, Governnlent of Wes~Bengnl.

6. Secretary, Development and Planning Depzlrtmenl, Government of West Bengal. 7. Commissioner, Town and Country Planning, Government of Wesr Bengal.

8. Chairman of the Cornmisioners For the Port of CaIcurra.

9. Chairman of IhcBoard of Trustees Fortheimprovement of Calcutta.

10. Chairman of the BoardofTrustees for thcimprovenlenl of Howrah. The Calcrrtta Mctropolirarr Water and Sol~irarionAwrhority Acr, 1 966.

1 1. Commissioner.

-; Corporation of Calcutta.

12. Director of the All-India Insdrute of Hygiene and Public Health, Calcu tia. 13. Director, Geological Survey of India. 14. Chairman, West Bengal Municipal Associadon.

15. Chairman, Zilla Parisl~ad,Howrah. 16. Chairman, ZilIa Parisliod, Hooghly.

17. Chairman, ZiIla Parislzad, 24-Parganas. B. Nonrirrarcd Members:

1. Technical Experts-2.

2. Members or Chambers of Commerce-1 .

C. Reyrcsenrarivcs of ;he State Legislarrrre:

'[Members of the West Bengill Legislarive Assembly-10.1

D. Representarives ojM~uricipalCorporarions a~zdMrmicipaliries:

1. Calcuua Corporalion4. 2. Howrah Municipality-2.

3. Bally Municipality-1.

4. (i) Bansberia Municipality, (ii) Hooghly-ChinsurahMunicipality-1.

5. [i) Champdani Municipality, (ii) Municipal Corporalion of Chanernagore-1.

6 (i) Bhdreswar Municipality, (ii) Baidyabali Municipali~y, (iii) Konnagar Municipali~y- I

'This Enlry wzsubstituled by s. 4 of tht Calculla Mctropoli~anWater and Sunilalion Aulhori~y(Amcndmcnt) Acl. 1973 (Wcst Bcn. AcI XI11 OF 1973). The Calcurta Metropolitarr Water and Su~~itationArrrfroriry Acr, 1966. [West Ben. Act

7. Scrampore Municipality-1

8. (i) Rishra Municipality, (ii) U~tarpxa-KokongMunicipaliv-1.

9. (i) Kanchnpam Municipality, (ii) Halisahar Municipality, (iii) Naihali Municipality-1 .

10. (i) Bhatpara Municipality, (ii) Gmlia Municipality-I.

11. (i) NorthBarrackporeMunicipality, (ii) Bamckpore Municipality, (iii) New Barrackpore MunicipaIily-l .

12. (i) Khardaha Municipality, (ii) Panihati Municipalily-1 .

13. (i) Titagarh Municipality, (ii) Barasal Municipality, (iii) Budge Budge Municiprilily-l .

16. (i) Sourh Durn Durn Municipality, (ii) Durn Durn Municipality, (iii) North Durn Durn Municipalily-1

17. South Suburban Municipalily-2.

1 S. (i) Garden Reach Municipality, (ii) Rajpur Municipalily, (iii) Baruipur Municipality- 1.

hplana~ion.-Municipd Corporalions and MunicipaIities grouped together shall each be entilled to representation by rolation. Tlie Calcrrtta Me~ropolitarrWarer arid Surrirurio~rAtrrlrori~ Act, 1966.

(Sclzedrrle III.)

SCHEDULE rn.

[See section S8(3).]

A. Amendments in 8cCalcutta Irnprovcmcnt Acl, 1911. Bcn. Acr V or 1911. 1. In clause (ii) of sub-section (2) of section 43, afier Lhc words "in which", the words ", and lo the General Manager of the Calculra Melropolitan Water and Sanitation Aulhority wilhin whose jurisdiclion," shall bc inserted.

2. Forseclion4-4,[he rollowing section shall bcsubslituted, namely:-

'Tnnsmission 10 Board ofrcprcscnla- 44. The Commissioner of the tion by Corpt-~tiun,Municipaliry or Corporation, the Chairman of any Au~horilyrrs lo improvcn~cntschcmc. Municipality and theGenenl Manager of the Calculra Melropoli[an Waler and Sanitation Authority, lo whom a copy of anolice has been sen1 under clause (ii) of sub-sec~ion(2) of section 43, shall, wilhin a period of sixly days from the receipt of [hc said copy forward to the Board any representation which [he Corporation, Municipaliry or the Aulhoriry may rhink fit to make with regard to thc scheme.".

D. Amendments in the Howrah improvement Act, 1956. WCSIBcn. Act XlV of 1%6. 1. In clause (ii) of s~b~section(2) of section 45. after the words "in which", [he words ", and lo [he General Manager of the Calcuua Metropolilan Waler and Sanirauon Aurhoriry within whose jurisdiction," shall be inseried.

2. Forsection46, the followingsec~ionshall besubstinrted,namely:-

. . "Tnnsrnission to Board or rcprcscnla- 46. The Commissioner of rhe lion by Corponlion, Municipalily or Corporation, the Chairman of any Aulhorily as lo improrcmcn~schcmc. Municipalily and theGeneral Manager of the CaIculla Metropoliran Waler and Sanitarian Authority, to whom a copy of a notice has been sent under clause (ji) of sub-section (2) 01section 45, shall, within a period or sixty days from rhe receipl of the said copy, forward to the ,Borad any rcprcsentation which rhe Corporation, Municipalily or [he Authority may think fi1 to makc with rcgard to the scheme.".