Section 60
Gm~wl penalty.-Whoever, in any case m which a !Jenalty is not e" press! y prov1ded by this Act or any rule or regulations made thereunder, tc . .. n ntravenes the provisions of this Act or of any rule or regulation mad thereunder or fails to comply w1th any notice, order or nquis1tion 1ssued un ler this Act or any rule or regulation made thereunder shall be punishable With fine which may extend to one thousand and· in the case of a contmumg f<lilurc or contravention, with an additional fine which mav extend to twcntyfivc rupees for every day on which contravention or failure contmues after the first conviction.
60 Gm~wl penalty.-Whoever, in any case m which a !Jenalty is not e" press! y prov1ded by this Act or any rule or regulations made thereunder, tc . .. n ntravenes the provisions of this Act or of any rule or regulation mad thereunder or fails to comply w1th any notice, order or nquis1tion 1ssued un ler this Act or any rule or regulation made thereunder shall be punishable With fine which may extend to one thousand and· in the case of a contmumg f<lilurc or contravention, with an additional fine which mav extend to twcntyfivc rupees for every day on which contravention or failure contmues after the first conviction.
Offmces by companies -(I) If the person commttting any offf'nce under Act 1s a company, the comp.my as wt>ll as every 111 ch<trgc of and responstble to the company for the conduct of' Its busines~ at the tiwe of the commissiOn of the offence be deemed to be guilty of the offenc; and shall be Iaible to be proceeded against and punished accordingly :
Provrded thct t nothing contained in this sub-section shall rendet any such person hable to any punishment, If he proves th:tt the offence wa<; cornm.ttc-d wtth hlt his knowledge, or that he the drhgence to prevent the co.n·mssion of such offence.
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Notwithstanding anything contained m sub-section (1), where any offence under this Act, ha; been cornmtttcd by a company, and It is proved that the offence has b~en commllt~d w with the consent or conmvance of, or that the commission of the offence is attributable to any neglect on the part of any DtrectCJr, 1\hn~gcr, Sectetiiry or othet offi:er of the company, such Director, M::tnag~r, Sec1etarv or other officer shall be de~med so be guilty of that oftence and slud I be hank to be proceeded against nd pumshed accordmgly
Explanatwn -For the pUtpose.of th1s section-
(a) 'co npany' means any body cm porate and includes a firm or other association of mdtviduals, and .. ·
(b) 'director' in relation to a firm. means partner in the firm 62 Comprmt10n of offences -The Managtng Dtrertor or any othe1 officer of the Authority authorised by 1t by general or spec1al order in that behalf may eithet before or after mstitution of the procecdmgs, compound any offence puni<;hable under ti11S :-~ct on such terms mcludmg payment of such fee as he may thmk fit
Dutzes of police officers and employes of local bodus.-It shall be the cluty of all police officet s and of emp !oyc ·s oft he lo;al b:l ly within whose lor::tl area any off:nce pumsh:tble under tht; Act is cammitted or attempted to be commtttcJ to gtve 1 nmdtate mfo ml.tton to the Authority or to any officer of the A'tthority atlth)rh~1 i in th'l.t b~ha1f. of th~ co'mmi~>wn of, or ·of the attcnpt to com'lltt s1:h oT~n:e,dsthecJt-c:mi/be andtoasststth~ o:Iicers nft:1e AutllJrity m th! ex-:rctse of th ·it aLlth·mty under this Act.
CHAPTER X
RULCS, AND BYE-LAWS
64, Power to ma~e r rules -(1) The Government may, by nol!fication in the Galcttc, make rule; for cairymg out the !JUrpo5es of tlus Act.
In particular, and without prejudtce to the generality of the foregoing powa, such ruk~ may provide for all or any of the followmg matters, namJy :-
(a) the sal.u ICS and allowance~ ,Jnd o her comht10m of servlCe of officet~ and employees of the Authonty other than ~uch officers and employee, employed on contt act bas1s,
(b) the manner of operation of fund; bv the Authority under -,ub-scction (4) ofscctwn 22,
(c) the manner of makmg plOVISIOn fm Depreciation Reserve and for utilisation;
(d) the powers oi the Aud1tur under ~ub-scction (2) of <;ectJoh 29
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(e) publishrd;
--the manner m which the accounts of the Authority shall be
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(f) the procedure in respect of surcharge under section 30 mcludmg the provision of appeal, if any, in respect thereof,
(g) the extent of contnbutwns anH. mannet: of making such contributions py local bodic~ under section 40;
(h) any other matter which is to be ot: may be prescnbed: ·
Evet y rule made under tha\ Act siMII be laid, dS soon as may be after it is made, before the Legtslattve Assembly while tt is in session for a total period of fourteen days which may l e comprised ts one seso;ion or in two successive ses<;ions and i~, before the expiry of the sesston in which it 1s so laid or the c;ession .nnmediately followtng, the Legislative Assembly makes any modtficattm. in the rule or decides that the rule should not be made, the rule shall thereaf.rr have effect onlv in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudtcc to the valtdity of anything previously done under that rule.
Regulatzons.-(1) The Authority may, with th<" pievwus approval of the Government makc·regu1ations not incom,:,tent with this Act and ·the rules made thereunder, for the administration of the affairs of the Authority.
In particular and Without prejudice to the generaltty of the foregoing power, such regulatiom may provide for all or any of the following matters, namely .-
(a) the summoning and holdmg of meeting's of the Authority, the time and place where such meetmgs are to' be held, the conduct of business at such meetings and the numoer of persom nece-ssary to form a quorum thereat;
(b) the powers and duties of the erpployees of the A\Ithor·ity;
( c:) the management of property of the Authority;
(d) behalf ol the the execution of contracts and JSsurancc of property on Authority,
(e) the limits upto wh1ch thl'. Managing DiHctor shall be competent to incur recurring or non-recurrin~ expenditure in any financial y~ar .,. .. .. i ithout such cxpenditut c hemg included 111 thf" st c:tement under subsection (I) 0f section 28;
(f) the maintenance of accounAs and the preparation of annual :ot~tement of accounts and balance sheet by the Authority,
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(~) the procedure for carrYmg out the functions of the Authority;
(h) the terms and conditwns for supply of water for dome~ttc or other purposes;
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(i) the imtallatwn of meters or transfer of their co11nection <md their maintenancr:, testing, disConnection and rcconnect10n, the fc_:s, the rent and other charges in respect thereof mcluding the furnislung of ~ecurity by the consumer and matters con:1ected therewith,
(j) the fee to be ];.Hid for connection with a ~ew. r r of th<' Auth( rity and other terms ana conditions f>r ~uch c connecuons; '
(k) any othci matter for wh1ch provision is to be or may be made in regula,tions.
CHAPTER
XI
TRANSITORY PROVISIONS Al'\D REPEAL
Trauritmy prov:stolls.- (I) Any bye-laws by whatever name called
made by the local bodies m relation to the proviSion ol wattr sup;:Jiv and sewerage set\ Ices under the Acts crn'tltuhng such local bodieS before the date ol constitution of the Authonty aud 111 furcc Immediately bef< re the s,ud date shall continue in fotce to the c"tent they are not mcons1steut wllh :he plOVJsiom of th1s Act, until such tnne a~ rLgulations arc franv;u by the , \ ut hont y under sec twn 6:>.
Any w.1ter charge, fct" or other Item or receipt by wlutcv, r
Provtded th 1t m rc~pect o of lucd.l bodies, this ~cctton shall h,wc effect from the date t ('fer red to in sub-sectxon (I) of sect JOn 18
Excluszon of powers of local bodu~ utzder certalll mactmenls.-ExcLpt r~s provided m sect1e>n 66, on and from the day on which th~ A Authority is cons-· tituted, and io renect of local uodle~, on and from the date rrferred to in ·ub-,cctton (I) of ~ 18.-
(a) any cny constttuted under the Ket . .~!a "\1unictpul Corpo' .tliOHS Act, !961 (30 of 1961), ·
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(b j any Municipality constituted under the Kerala Municipalities Act, 1 960 ( 14 of 1961 )';
(c) Guruvayoor Township coustitutcd under the Guruvayoor Township Act, 1961 ( 43 of 1961),
(d)
f any Panchayat constituted undet: the~Kerala P Panchayats Act, 19Go (32 (d) any P
of J96o).
shall have the powers, duties and functions under the said enactments as if the powers, duties and functwns assigned by this Art to the Authority mcluding the powcrl> to hold any property for"purpo·es of the said duties and functiOns wert" excluded from the powers, duties and functions of the corporation, the municipal council, the towmhip commtttee or the panchayat as the case may be.