Draft Jaipur Water Supply & Sewerage Board Bill, 2017

Draft Jaipur Water Supply & Sewerage Board Bill, 2017

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Draft Jaipur Water Supply & Sewerage Board Bill, 2017

Contents

Statement of objects and reasons ................................................................................................................ 3 THE JAIPUR WATER SUPPLY AND SEWERAGE BOARD BILL, 2017................................................................. 5 CHAPTER ? I................................................................................................................................................... 6

Preliminary ................................................................................................................................................ 6 CHAPTER ? II................................................................................................................................................ 11

Establishment of the Board .................................................................................................................... 11 CHAPTER - III ............................................................................................................................................... 19

General Powers, Functions and Duties of the Board.............................................................................. 19 CHAPTER IV ................................................................................................................................................. 23

Water Supply by the Board..................................................................................................................... 23 CHAPTER V .................................................................................................................................................. 29

Sewers and Sewerage Management by the Board................................................................................. 29 CHAPTER VI ................................................................................................................................................. 34

TRANSFER OF ASSETS AND LIABILITIES TO THE BOARD.......................................................................... 34 CHAPTER VII ................................................................................................................................................ 39

Contract, Finance, Accounts and Audit................................................................................................... 39 CHAPTER VIII ............................................................................................................................................... 45

Private Sector Participation .................................................................................................................... 45 CHAPTER IX ................................................................................................................................................. 46

Penalties and Procedures ....................................................................................................................... 46 CHAPTER X .................................................................................................................................................. 49

Miscellaneous ......................................................................................................................................... 49 First Schedule.............................................................................................................................................. 60 Second Schedule ......................................................................................................................................... 61

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Draft Jaipur Water Supply & Sewerage Board Bill, 2017

Statement of objects and reasons

In Jaipur city and it adjoining areas, the functions related to water supply and sewerage management is presently being carried out by multiple agencies like the Public Health Engineering Department (PHED), Jaipur Nagar Nigam (JNN), Jaipur Development Authority (JDA), Rajasthan Housing Board (RHB), Rajasthan Urban Drinking Water, Sewerage & Infrastructure Corporation (RUDSICO) and Rajasthan Urban Infrastructure Development Project (RUIDP). While the PHED is responsible for planning, designing, building, operating and maintaining urban and rural drinking water supply, JNN is responsible for providing public utilities, civic amenities, community facilities etc. including water supply and management of the sewerage systems within its jurisdiction. JDA besides preparing Master Development Plans and Zonal Development Plans for water supply, sewerage and sewage disposal, undertakes projects and schemes for the integrated development of Jaipur Region. The RHB ensures that all existing dwelling units have easy accessibility to basic sanitation facilities and drinking water. RUDSICO besides extending financial assistance to Urban Local Bodies (ULBs) and government agencies provides technical assistance and acts as a nodal agency for various state and central level schemes. RUIDP is responsible for the development of urban water supply, sewerage and sanitation infrastructure for select ADB funded project towns. There is a need to take cohesive approach for planning, development, implementation and management of activities relating to water supply and sewerage services in Jaipur city and adjoining areas.

It has, therefore, become essential to have a separate institutional framework to provide a holistic and integrated approach to the management of water supply and sewerage systems in Jaipur Urban Area. Such an institution is expected to work in close coordination with the existing agencies, and undertake either by itself or through these agencies, all works relating to water and sewerage system. This would include undertaking of capital works, operations & maintenance and revenue functions related to water supply to all domestic, industrial and commercial users, sewerage collection, treatment and safe disposal. Such institution is envisaged to be a nodal agency for the entire Jaipur Urban Area for water supply and sewerage services.

To meet the demands of increasing population in the Jaipur Urban Area and proper management of water and sewerage sector, it is important to make suitable provisions for supply of good quality of adequate water to all the people, water conservation, rain water

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Draft Jaipur Water Supply & Sewerage Board Bill, 2017

harvesting, re-charge of ground water, providing meters for all consumers, revising water tariff in a progressive manner, conducting audit of water balance, control of non-revenue water, recycle and reuse of waste water etc. Further, in the recent past there has been a greater interest by the private sector to engage with the government in the rendering of public services including management of water supply and sewerage systems. Increasing private sector participation has also been seen across the country especially in augmenting the existing water supply systems to enable delivery of 24/7 water supply services to the consumers. It is recognized that often private sector brings in the necessary efficiencies and latest technological advancements. Suitable provisions for implementation of schemes and projects relating to water supply and sewerage services through private investment is required to be provided.

It is important to equip the Board with persons having expertise in technical aspects in the management of water and waste water sector. The key function being technical in nature the Board requires skilled persons in construction, operations and maintenance and fund management. Presently, the cost of operations and maintenance of water supply is recovered only to the extent of 30 percent. It is envisaged that sooner or later that the full cost of atleast operation and maintenance expenses incurred by the Board is recovered if not the capital costs. Therefore, in the longer term it is necessary that the Board functions as a self-sustaining entity. It is therefore, imperative that the user charges for the services provided by the Board are revised from time to time. In order to do this, it is envisaged that a Tariff Committee be set up by the Board. The Tariff Committee will after considering all relevant aspects, recommend suitable revisions to the user charges payable by the consumers. In view of this, the role of the elected representatives may be minimal in the day to day operations of the Board. However, they have an important part in regulating tariff and planning of various schemes and projects undertaken by the Board. They will be suitably represented in the Committees of the Board.

Therefore, by virtue drawing the powers envisaged under Article 243 W and Schedule 12 of the Constitution of India, government is enacting this legislation to enable the Board to undertake functions related water supply and sewerage management. Therefore, the provisions of Rajasthan Municipalities Act, 2009 as far as it relates to sewerage management within the Jaipur Urban Area shall not be applicable to JNN as it will be taken over by the Board after enactment of this legislation.

To meet the above objectives, this Bill is proposed for consideration.

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Draft Jaipur Water Supply & Sewerage Board Bill, 2017

THE JAIPUR WATER SUPPLY AND SEWERAGE BOARD BILL, 2017

An Act to make provision for the management of water supply and sewerage systems in Jaipur Urban Area and matters connected therewith. BE it enacted by the Rajasthan State Legislature in the Sixty Eighth Year of the Republic of India, as follows:--

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Draft Jaipur Water Supply & Sewerage Board Bill, 2017

CHAPTER ? I

Preliminary 1. Short title and commencement--

(1) The Act may be called the "Jaipur Water Supply and Sewerage Board Act, 2017".

(2) It extends to the whole of the Jaipur Urban Area.

(3) It shall come into force on such date as the government may, by notification, appoint.

2. Definition--

(1) In this Act unless the context otherwise requires,--

(a) "Board" means the Jaipur Water Supply and Sewerage Board constituted under Section 3;

(b) "bye ?laws" means bye ?laws made under this Act;

(c) "bulk water hauling" means the physical transport of water through a pipeline or by a vehicle having a permanently mounted or detachable water tank.

(d) "Cess-pool" includes a settlement tank or other tank to receive or dispose off foul matter from any premises;

(e) "Committee" means any Committee appointed under Section 15.

(f) "communication pipe" means ? (i) Where the premises supplied with water abut on the part of the street in which the main is laid, and the service pipe enters those premises otherwise than through the outer wall of a building on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies between the main and that stopcock;

(ii) In any other case, so much of the service pipe as it lies between the main and the boundary of the street in which the main is laid and includes the ferrule at the junction of the service pipe with the main, and also ? 6

Draft Jaipur Water Supply & Sewerage Board Bill, 2017

A. where the communication pipe ends at a stopcock, that stopcock; and B. any stopcock fitted on the communication pipe between the end thereof

and the main;

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

(h) "drain" includes a sewer, tunnel, pipe, ditch, channel or any other device for carrying spillage, sewage, sullage, offensive matter, polluted water, waste water, rain water or sub-soil water together with pail depots, traps, sinks, cisterns, flush tanks, and other fittings appertaining thereto.

(i) "government' means the Government of Rajasthan;

(j) `ground-water' means the water which exists below the surface of the ground at any particular location;

(k) "Jaipur Urban Area" means the area within the limits of the Jaipur Nagar Nigam as specified in the First Schedule and shall include such other areas as may be notified from time to time;

(l) "Joint Managing Director" means the Joint Managing Director appointed by the government.

(m) "Licensed Engineer or Plumber" means a person licensed under the provisions of this Act as an Engineer or Plumber;

(n) "local authority" means a municipality or a panchayat or Jaipur Development Authority or any department, authority, Board, agency etc., entrusted by the government with the control or management of water and sewerage systems in the Jaipur Urban Area;

(o) "notification" means a notification published in the Rajasthan Gazette; and the word "Notified" shall be construed accordingly;

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