(U. P. ACT no. 43 of 1975)

1975 · State unknown · central · act_text

Sections (113)

1 · . For Statement of Objects and Reason see at the end of this Act.

1 · . Subs. by sec. 2(a) of U.P. Act No. 26, 2021. 2 . Subs. by sec. 2(b) of U.P. Act No. 26, 2021.

1 · [(29A) urban local body means Municipal Corporation, Nagar Palika Parishad, Nagar Panchayat or any town area committee notified by the State Government from time to time and rural local body means Zila Panchayat, Kshettra Panchayat and Gram Panchayat or any other area other than an area defined as urban local body.]

2 · [3. (1) The State Government shall, by notification in the Gazette and with effect from a date to be specified therein, bifurcate the erstwhile Uttar Pradesh Jal Nigam into two corporations by the name of Uttar Pradesh Jal Nigam (Urban) which shall be under administrative control of Urban Development Department and the Uttar Pradesh Jal Nigam (Rural) which shall be under the administrative control of Namami Gange and Rural Water Supply Department :

1 · . Ins. by sec. 2(c) of U.P. Act No. 26, 2021.

2 · . Subs. by sec. 3 of U.P. Act No. 26, 2021.

3 · . Subs. by sec. 4(a) of U.P. Act No. 26, 2021.

1 · [(2) The members of Jal Nigam (Urban) other than the Chairman shall be as follows, namely :–

1 · [(4) Instead of attending a meeting of the Nigam himself, a member referred to 2[in clause (c), (d) or clause (dd)] of sub-section (2) may depute an officer not below the rank of Deputy Secretary in his department, a member referred to in clause (e) of that sub-section may depute an officer not below the rank of Deputy Director in his department and a member referred to in clause (f) of that sub-section may depute an officer not below the rank of Joint Director in his department, to attend the meeting. The officer so deputed shall have the right to take part in the proceedings of the meeting and shall also have the right to vote].

1 · . Subs. by sec. 3(ii) of U.P. Act No. 28 of 1978.

2 · . Subs. by sec. 2(ii) of U.P. Act No. 5 of 1984.

1 · . Ins. by sec. 3 of U.P. Act No. 15, 2007.

2 · . Subs. by sec. 4 of U.P. Act No. 15, 2007.

3 · . Omit. by sec. 2 of U.P. Act. No. 46 of 2018. (w.e.f. 28 June, 2017)

1 · . Ins.. by sec. 5 of U.P. Act. No. 15 of 2007.

12 · (1) The Chairman or any other member of the Nigam or of a committee appointed by the Nigam who–

1 · [14. The jurisdiction of the Uttar Pradesh Jal Nigam (Urban) shall be the notified urban area of the State. The function of the Uttar Pradesh Jal Nigam (Urban) shall be the following, namely :–

1 · . Subs. by sec. 5 of U.P. Act No. 26, 2021.

1 · [14-A The jurisdiction of the Uttar Pradesh Jal Nigam (Rural) shall be the rural area of the State. The function of the Uttar Pradesh Jal Nigam (Rural) shall be the following, namely:-

1 · . Ins.. by sec. 6 of U.P. Act No. 26, 2021.

1 · [15 . (1) The Nigam shall, subject to the provision of this Act have power to do anything which may be necessary or expedient for carrying out its functions under this Act.

1 · . Subs. by sec. 7 of U.P. Act No. 26, 2021.

1 · . Ins. by sec. 4 of U.P. Act No. 28 of 1978.

1 · [19. The State Government may, by notification, direct that in such rural areas as are specified in the notification, for which no Jal Sansthan has been established under Section 18, all or any of the powers, duties and functions of a Jal Sansthan under any provisions of this Act shall be exercised, discharged or performed by the Jal Nigam; and thereupon for the purposes of exercising, discharging or performing such powers, duties or functions the Jal Nigam shall be deemed to be the Jal Sansthan and the date of such notification shall be deemed to be the date of constitution of the Jal Sansthan]

2 · [20. [(1) Jal Sansthan constituted to have jurisdiction over the local area of a Nagar Mahapalika shall consist of a Chairman who shall be the Nagar Pramukh of the Nagar Mahapalika (ex officio), and the following other members, namely -

1 · . Subs. by sec. 5 of U.P. Act No. 28 of 1978.

2 · . Subs. by sec. 6 of U.P. Act No. 28 of 1978.

21 · The provisions of section 5 relating to the disqualifications for being Chairman or other member of the Nigam shall mutatis mutandis apply in relation to the offices of Chairman and other members of the Jal Sansthan also.

1 · . Subs. by sec. 3 of U.P. Act No. 5 of 1984.

22 · (1) The Chairman of a Jal Sansthan, unless appointed ex-officio, shall hold office for three years unless his term is determined earlier by the State Government, by notification in the Gazette, and shall be eligible for reappointment.

23 · (1) The Chairman and such other members of a Jal Sansthan, if they work whole-time for the Jal Sansthan shall be paid from the funds of the Jal Sansthan such remuneration, if any, as may be fixed by the State Government.

24 · The functions of a Jal Sansthan shall be as follows : -

25 · (1) Every Jal Sansthan shall, subject to the provisions of this Act, have power to do anything which may be necessary or expedient for carrying out its functions under this Act.

1 · [Provided that no decision to introduce or amend such tariff shall be taken except by a special resolution in that behalf brought after giving such notice as may be prescribed, and passed by the majority of two-thirds of the members of the Jal Sansthan;]

2 · [27. (1) The Jal Sansthan may, with the previous approval of the State Government, create such posts of officers and other employees and with such designations as it considers necessary for the efficient performance of its functions.

1 · . Ins. by sec. 7 of U.P. Act No. 28 of 1978.

2 · . Subs. by sec. 4 of U.P. Act No. 5 of 1984.

1 · . Subs. by sec. 5 of U.P. Act No. 5 of 1984.

1 · [31. As from the date of establishment of the Nigam hereinafter referred to as "the appointed date", -

34 · All debts and obligations incurred, all contracts entered into all matters and things engaged to be done by, with or for any local body before the said date in respect of any of the functions specified in section 24 shall be deemed to have been incurred, entered into or engaged to be done, by, with or for the Jal Sansthan, and all suits or other legal proceedings instituted or which might but for vesting and transfer under sub-section (1) of section 33 have heen instituted or defended by or against the local body, may be continued or instituted or defended by or against the Jal Sansthan.

35 · If the State Government is of opinion that it is in the public interest that a Jal Sansthan and other local body having jurisdiction over contiguous areas should co-ordinate their activities in relation to water supply services or sewerage services or both, it may issue such directions to such Jal Sansthan and other local body concerned as it may think fit. and it shall be the duty of that Jal Sansthan and other local body to comply with such direction.

36 · Where an agreement entered into between a Jal Sansthan or local body and the Nigam under section 46 so provides, the Nigam shall, without prejudice to its right under section 49, have further power to recover directly any arrears of water tax, sewerage tax and of any cost or fee relating to water supply and sewerage services due to the Jal Sansthan or local body in order to enable the Nigam to recover its dues.

1 · . Subs. by sec. 9 of U.P. Act No. 26, 2021.

38 · (1) Save as otherwise provided in this section, every person (excluding a member of a service created under 1 [section 27A of this Act] section 69-B of the U. P. Municipalities Act, 1916, and section 112 -A of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959) who was employed exclusively in connection with water supply or sewerage services or sewage works or sewage farms under a local body for the local aras of which a Jal Sansthan has been constituted shall, on and from the said date,. become an employee of the Jal Sansthan and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same other terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the said date if the aforesaid water supply and sewerage services, sewage works and sewage farms had not been transferred to and vested in the Jal Sansthan, and shall continue to do so until his employment in the Jal Sansthan is terminated or until his remuneration or other terms and conditions of service are revised or altered by the Jal Sansthan under or in pursuance of any law or in accordance with any provision which for the time being governs his service:

1 · . Ins. by sec. 6(A) of U.P. Act No. 5 of 1984.

39 · Every contract or assurance of property on behalf of the Nigam or a Jal Sansthan shall be in writing and executed by such authority, and in such manner as may be provided by regulations.

40 · (1) The Nigam shall have its own fund to be called the Nigam Fund. which shall be deemed to be a local fund and to which shall be credited all moneys received otherwise than by way of loans by or on behalf of the Nigam.

41 · Every Jal Sansthan shall have its own fund which shall be deemed to be a local fund and to which shall be credited all moneys received by or on behalf of the Jal Sansthan.

42 · The Nigam shall not, as far as practicable and after taking credit for any grant or subvention from the State Government under section 43 carry on its operation under this Act at a loss.

43 · (1) The State Government may, after due appropriation by law of the State Legislature, from time to time make grants and subventions to the Nigam for the purposes of this Act on such terms and conditions as the State Government may determine.

44 · A Jal Sansthan shall from time to time so fix and adjust its rates of taxes and charges under this Act as to enable it to meet, as soon as feasible, the costs of its operations, maintenance and debt service and where practicable to achieve an economic return on its fixed assets.

45 · The State Government may from time to time advance loans to the Nigam on such terms and conditions, not inconsistent with provisions of this Act as the State Government and the Nigam may agree upon.

46 · (1) Notwithstanding anything contained in any law for the time being in force under which any local body is constituted and except as otherwise provided in sub-section (5), the Nigam shall, with effect from the date of its establishment, be the only local authority authorised to borrow any sum of money for water supply and sewerage services:

1 · . Ins. by sec. 8(1) of U.P. Act No. 28 of 1978.

1 · . Subs. by sec. 8(2) of U.P. Act No. 28 of 1978.

2 · .

51 · (1) The Chairman and other members, officers and employees of the Nigam, or, as the case may be, of the Jal Sansthan, shall be liable to surcharge for the loss, waste or misapplication of any money or property of the Nigam or the Jal Sansthan if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while acting as such Chairman, or other member or officer or employee.

52 · (1) For the purposes of this Act, a Jal Sansthan shall levy, on premises situated within its area :-

2 · [(3) The taxes mentioned in sub-section (1), shall, in a city, be levied in such rate which in the case of water tax shall not be less than 7.5 percent and not more than 12.5 per cent and in the case of sewerage tax shall not be less than 2.5 per cent and not more than 5 per cent of the annual value of the premises determined uner the Uttar praesh Municipal Corporations Act, 1959, as the State Government may, from time to time, after considering the recommendation of the Nigam, by notification in the Gazette, declare.]

3 · [ [Explanation :— for the purposes of this section—

53 · (1) For the purposes of 4 [sub-section (2) of section 52] , annual value means -

1 · . Subs. by sec. 2(a) of U.P. Act No. 16 of 1999.

2 · . Ins. by sec. 2(b) of U.P. Act No. 16 of 1999.

3 · . Ins. by sec. 2(c) of U.P. Act No. 16 of 1999.

4 · . Subs. by sec. 3(a) of U.P. Act No. 16 of 1999.

5 · . Subs. by sec. 3(b) of U.P. Act No. 16 of 1999.

1 · . Subs. by sec. 10 of U.P. Act No. 10 of 1978.

1 · [Provided that, in the case covered by clause (a), where such premises is let to more occupiers than one or for any other sufficient reason recovery of tax from the occupier is found to be inexpedient, the Jal Sansthan may, at its option, levy the tax from the owner instead of from the occupier.

1 · . Ins.and renumbered by sec. 7 of U.P. Act No. 5 of 1984.

63 · A Jal Sansthan may charge such fees for connection, disconnection, re-connection of any water supply or sewer or testing or supervision or for any other service rendered or work executed or supervised as may be provided by bye-laws.

64 · (1) Any sum due to a Jal Sansthan on account of tax, fee, cost of water, cost of disposal of waste water, meter-rent, penalty, damage or surcharge and under this Act, shall be recoverable as arrears of land revenue.

65 · The supply of water for domestic purposes under this Act means supply for any purpose except the following, namely:-

67 · No person shall, except in such circumstances or subject to such conditions as may be provided by byé-laws use or allow to be used water supplied for domestic purposes for any other purpose.

68 · (1) The Jal Sansthan may, at the request and expense of the owner or occupier of any factory, as defined in the Factories Act, 1948 or any shop or commercial establishment (as defined in the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962) provide and maintain fire hydrants together with all incidental works for the supply of water in case of fire in such factory, shop or commercial establishment and in any such case charge from such owner or Occupier the cost of water supplied in connection therewith.

69 · (1) The Jal Sansthan may provide a water meter and attach the same to the service pipe in premises connected with waterworks of the Jal Sansthan .

70 · (1) No person other than a plumber licensed by the Jal Sansthan (hereinafter referred to as a licensed plumber) shall execute any work in respect of a water connection not being a work of a trivial nature and no person shall permit any such work to be executed by a person other than a licensed plumber.

71 · (1) No owner or occupier of any premises to which water is supplied by the Jal Sansthan shall cause or suffer any water to be wasted, or cause or suffer the service pipe or any tap or other fitting or work connected therewith to remain out of repair so as to cause wastage of water.

72 · (1).The Jal Sansthan may cut off the water supply from any premises-

1 · [(h) if the consumer does not allow the Jal Sansthan to install meter on his water connection or refuses to deposit security for the supply of meter.]

1 · . Ins. by sec. 8 of U.P. Act No. 5 of 1984.

73 · (1) No person shall–

74 · The owner or occupier of any premises shall be entitled to empty sewage of the premises into a sewer of a Jal Sansthan provided that before doing so he,-

75 · Where any premises are, in the opinion of a Jal Sansthan, without sufficient means of effectual disposal of sewage and the sewer of the Jal Sansthan is situated at a distance of fifty metres from any part of the premises, the Jal Sansthan may, by written notice, require the owner of the said premises to have sewer connection as provided by bye-laws.

76 · No person shall without the permission of the Jal Sansthan make or cause to be made any connection or communication with any sewer of the Jal Sansthan.

77 · (1) No person shall without the permission of the Jal Sansthan construct any private street, building or other structure on any sewer of the Jal Sansthan.

78 · A Jal Sansthan may for the purposes of ventilating any sewer or cess-pool, whether vested in the Jal Sansthan or not, erect upon any premises or affix to the outside of any building, or to any tree any shaft or pipes as may appear to it to be necessary.

79 · (1) Where it appears to the Jal Sansthan that there are reasonable grounds for believing that a private sewer or cess-pool is in such condition as to be prejudicial to health or to be a nuisance or that a private sewer communicating directly or indirectly with a sewer of the Jal Sansthan is so defective as to admit sub -soil water or grit or other material it may examine its condition and for that purpose may apply any test, not being a test by water under pressure, and if it deems it necessary, open the ground.

80 · No person shall–

81 · (1) Any officer of the Nigam or a Jal Sansthan authorised by it in that behalf may, with or without assistants, or workmen enter into or upon any premises in order-

82 · (1) Any officer authorised by the Nigam or a Jal Sansthan in that behalf may have any tank, pool or well, cleaned or disinfected after notices to the owner or occupier, if any, when it appears that such cleaning or disinfection will prevent or check the spread of any dangerous disease.

83 · No court shall take cognizance of any offence under this Act except on the complaint of the Nigam or a Jal Sansthan, as the case may be, made within six months next after the commission of the offence.

84 · Whoever contravenes the provisions of this Act or of any rule or bye-laws made thereunder or fails to comply with any notice, order or requisition issued under this Act or any rule or bye-laws made thereunder, shall be punished with fine which may extend to one thousand rupees and with further fine which may extend to fifty rupees for everyday on which such contravention or failure continues after the first conviction.

85 · (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

86 · (1) Where any person in the presence of any officer of the Nigam or a Jal Sansthan authorised by it by general or special order in that behalf has committed or has been accused of committing or who is reasonably suspected by such officer of committing any offence punishable under this Act refuses or fails on demand of such officer to give his name and address or gives a name or address which such officer has reason to believe to be false, he may be arrested by such officer without a warrant in order that his name or address or both may be ascertained.

87 · (1) The Managing Director or the General Manager as the case may be, or any other officer of the Nigam or a Jal Sansthan authorised by it by general or special order in that behalf may, either before or after institution of the proceedings, compound any offence punishable under this Act on such terms, including payment of composition fee as he may think fit.

88 · It shall be the duty of all police officers and of employees of the local body within whose local area any offence punishable under this Act, is committed or attempted to be committed to give immediate information to the Jal Sansthan or to officers of the Jal Sansthan authorized in this behalf of the commission of or, as the case may be, of the attempt to commit such offence and to assist all such officers in the exercise of their authority under this Act.

89 · (1) In the discharge of its functions, the Nigam shall be guided by such directions on questions of policy as may be given to it by the State Government.

90 · (1) The Nigam shall, as soon as may be after the end of each financial year, prepare and submit to the State Government before such date and in such form as the State Government may direct, a report giving an account of its activities during the previous financial year, and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Nigam in the next financial year, and the State Government shall cause every such report to be laid before the State Legislature as soon as may be after it is received by the State Government.

91 · (1) In the discharge of its functions, a Jal Sansthan shall be guided by such directions on questions of policy as may be given to it by the Nigam.

92 · (1) A Jal Sansthan shall, as soon as may be after the end of each financial year, prepare and submit to the Nigam before such date and in such form as the Nigam may direct, a report giving an account of its activities during the previous financial year, and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Jal Sansthan in the next financial year.

93 · (1) All local bodies shall render such help and assistance and furnish such information to the Nigam or a Jal Sansthan and shall make available for the inspection and examination of (and if necessary, preparation of copies from) such records, maps, plans and other documents, as it may require to discharge its function under this Act.

94 · In any case not otherwise expressly provided for in this Act the Nigam or a Jal Sansthan may pay reasonable compensation to any person who sustains damage by reason of the exercise of any power vested by or under this Act in the Nigam or a Jal Sansthan.

95 · No suit, prosecution or other legal proceedings shall lie against the State Government, the Nigam or a Jal Sansthan or a Chairman or other member of the Nigam or a Jal Sansthan or any officer or servant of the State Government or of the Nigam or a Jal Sansthan for anything which is in good faith done or purported or intended to be done in pursuance of this Act or any rule, regulation or bye-laws made thereunder.

96 · (1) The State Government may, by notification in the Gazette, make rules by carrying out the purposes of this Act.

97 · (1) The Nigam and a Jal Sansthan may, with the previous approval of the State Government make regulations, not inconsistent with this Act and the rules made thereunder, for the administration of the affairs of the Nigam or a Jal Sansthan.

98 · The Nigam or a Jal Sansthan may with the previous approval of the State Government, make bye-laws consistent with this Act and the rules made thereunder, for carrying out the purposes of this Act in respect of any matter affecting the general public, and without prejudice to the generality of this power, such bye-laws may provide for-

99 · (1) Any water tax or sewerage tax, by whatever name called, imposed by the local body concerned in respect of any local area for which a Jal Sansthan has been constituted under section 18 before the date of such constitution, hereinafter called the said date and any notification, notice, order, direction, rule, bye-law or form in relation to

2 · [* * *]

1 · [100A. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where the State Government is satisfied that it is expedient in the public interest so to do, it may, by notification dissolve a Jal Sansthan constituted under this Act with effect from such date as may be specified in the notification.

1 · . Ins. by sec. 2 of U.P. Act No. 16 of 1998.

101 · (1) Notwithstanding anything contained in the provisions of the enactments referred to in section 100, every local body having water supply or sewerage services or both shall have a separate fund to be called the "Water Supply and Sewerage Fund" which shall be deemed to be a local fund and to which shall be credited all moneys received by such local body for development, operation, maintenance and management of such services and also all revenues received in connection with the rendering of the aforesaid services.

102 · (1) The State Government may for the purpose of removing any difficulty, particularly in relation to the transition from the provisions of the enactments referred to in section 100 to the provisions of this Act by order, direct that the said enactments shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification , addition or omission, not affecting the substance, as it may deem, to be necessary or expedient :

103 · (1) The Uttar Pradesh Water Supply and Sewerage (Second) Ordinance, 1975 is hereby repealed.

(U. P. ACT no. 43 of 1975)

Sections (113)

Subordinates (0)