Bare ActsThe KERALA WATER SUPPLY AND SEWERAGE ACT, 1986

Section 2

Difzmtions

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Difzmtions.-In this Act, unless the context otherwise requires,- ( I) "Authonty" means, the Kerala \Vater Authority constituted under section 3; , (ii) •·ce'>S-pool" mcludes a settlement tank or other tank to receive or dispose of foul matters from any·prem1se, ; (Iii) "Chairman" means the Chairman of the Authority ; (iv) "communicatlOii pipe" means any pipe or system of pipes, along with all fittings thereto, by means of which ""ater is supplied to any premises from the main, and Includes a connectwn pipe, service p1pe, tneter or other fittings ; (v) "connection ptpe" means any water ptpe from a ferrule to stop- cock connecting the distribution mat~ wtth the service pipe ; (vi) "consumer" means any person gettmg the benefit of any water supply or .waste water scrv1ce from the Authonty ; • RecetVed the assent of the Prestdcnt on the 4th ch.y of August 1986 and pubh ,!Jed in the Kerala Gazette Extrao.t'd in? ry No. 736 · dateu ·~th ,\ugust, 1,986 \ I 76 (vii) "domestic sewage" weans waste water from any r('sidence, boarding or lodging-hou~e, hostel, hotel, publtc place, office or any such establishment as is not a part of ..1ny trade or mdu~try, <~.nd arising out of per· '( sonal ,md Jlormal human activities such as drmking, bathing, ablu>ion, washing and cooking : ' (viii) "drain" mea~ every part of any conJuit laid through, under or <~.hove a str~et, way or l<lnd whether public or private by or at the expense of the owner or occupier of any premises for the carnage therefrom of any waste water to any sewer ; ( 1x) "ferrule" means a ferrule connecting the connectiOn pip~ with the main ; (x) "fire hydrant" means hydrant filled on the water main other than the trunk main for affordmg ~upply of water for extmguishing any fire; (xi) ''local area" means the area falling w1thm the jurisdiction of a local body; (x1i) "local body" me<~.ns a c1ty corporation, a municipal council, a township or a panchayat . . (xii1) "main" means a p1pe la1d by the Authonty for the purpose of giving a g<.>neral supply of water as distinct from a supply to an md1VIdual ccmsumer, <~.nd mcludes any <~.pparatus used in connection with such a p1pe. (x1v) "Managin~ Director" means the Managing Director of the Authority ; (xv) "m,:mb,~r'' means a ,nember of the Authority ; (xvi) "occupier", m relation to any premises, includes- ( a) .tny per~on for the time bcmg paying or Irable to pay r nt or any portiOn thereof to the owner in respect of •those premises ; (b) the owner who 1~ m occupatiOn of the prem1ses . (c) a tem.nt of the pre m>es who is exempt from payment of rent; (d) <l. hcensec who IS in OCCupation of the preffil!>CS, <~.nd (,.} any person who ~~ h<tblc to p::t.y damages to the owner m rc • pect of use and occupatiOn of the premtses ; ' . (xvn) ''owner", Ill relation to any premises, mr,am the pcr!>on who receives the rent of that premises or who would be entitkd to rec:-ive the rt'nt thereof 1f the premises were let, an(! mcludes,- (a) an agent or trustee who receives such nnt on acco mt of the owner; (b) <111 <1gent or trustee who receiVes the 1 ent of, or IS entrusted with the management of, any prem1ses devoted to rchg1ous or chantable purposes ; (c) .1 rece1 cr or man<1ger 4ppointed by auy cou1 t of tompetent jurisdiction to have the charge of, or to cxcrc1~e the nghts of an owner of the said premises; and (d) a mortgagee in possession ; ------- • I 77 (xvlii) "premises" ·meam an>' land or buildmg and include9- (a) the garden, land and outhouses, II any, appertaining to a lJuilding or part of a buildmg, and (b) any fittmgs affixed to a budclillb or part of a builwng for mor6 btncficial enjoyment tht.:reof; · (xi:\) "P' es::ribed '' means p1 c' CI i bed by Iu]c ~ made under this Act; (xx) "pnvate street" means a.1y ~trcet, ro.ul, square, court, alley, passage or nding-p..tth wh1ch 1s n0t .t "pubhc ~trect", but does not mclucc a pathwav made by the owner ol r remise~ on h1~ own land to secure access to or the convement usc of cueh premts cs , (xx1) "pubhc hydranl" means hydrant to the pub he withm a Joe a I a1 ea , meaut for •upply of water (xx1i) "pubhc st1ect" means any strLct, road, squar~, court, ailey, passage or ndwg-path over which the public have a ri~ht of way, 1\hether a thoroughfare or not, r!nd inc 1udes- (a) the road .... ay OVLr any pubhc bndge or causeway; (b) the foot-wav att:'lchcd to any ~uch street, pubhc bridge or causeway , and (c) the drams attached t0 any ~uch street, publi.-; hndge or cause- way and the land, whether cove·cd or not by any pavement, veranda, or other :,tructure, whH:h hes on either ~1de of the ro.LdWdV upto the bouncla- ries of the adjacent property, whether that property IS pnvate property or property bclongmg to the Government ; (xluii) "regulations" means regulations made by the Authority under thu Act ; · (xx1v) ''rules" means rules m.tde u ~elcr this Act ; (xxv) "set·vice p1pe ., m ~.lns any p1pe other than the connectiOn pipe beyond the stop-coc~ hy m•:a:1s of wh1ch the w.tter 1~ ~Jpplied. t.> ar.y premises; (xxvt) "sewage" means mght-sotl a:1d oth~r contents of a water dosets, latrme~, pt'tvtes, unnab, ces -pools "rdr uns and po~luted water from sinks, bath-rooms, stables and other hke places and mcludes trade effluents; (xxv1i) "sewer" means a cL1sed cJn-iuit f •r carryin,g sewage, offensive .• latter, polluted water 'l.va~le water or sub-soti ,N.ttct , (xxviii) "sewerag.;" .ncam a system 0f cullectwn of waste from a connnunity from Its houses, ustnutwns, indc~stry and public the pumpmg, treatme,lt and disposal of such waste water, its effluent, gas and other end products , (xJtix) "S~ate" means the State of Kerala ; water places, s'udge, (xxx) "stop-cock" meaD~ a stop-cock fitted at the end of a connection- ptpe away from the mJ.m lor the purpose of swJI clnn~~ off clnd re~ul..1.ting the water supply to auy prrmises , (xx·u) "street'' mea.1s a p:tvate stre..:t Jr a pubhc street ; I • 78 (xxxii) "trade effiuent'' means any hqu1d cith::r with or without parti.cles of matters m.•mspcns10n therein, which Is wholly or in part produced or d•scha·ged m rlw coursc'ofany trd ie or industry, ~r.cludmg agriculture and hort1culrure, b•Jt dot·s n.ot mclude domestic sewage . (xx~~.111) "waste water" ~hall includl: domestic sewage, spent water and all \\a~te water let out from .my mdustncs or by any other source; (xxx1v) "wate1 connection" mducles- (a) a tank, cistern, hydrant, sta.nd-p1pe, mf'ter or tap, situated on any private P• operty .~rid connected with a mam or other pipe belongmg to the Autllfmty ; · . (b) the water pipe c·~nnecting such a tank, cistern, hydrant, stand- ptpe, meter or tap With such rnam or p1pe, ' (xxxv) "water supply" means a system of providing water to a com- mumty for mectmg lls reqUire I• ent~ both dom~~t1c and non-domestic, but doe~ not mclude pt·ovidmg water for Irngation ourposes ; (xxxvt) ·'water works" Htcludes water channel (mcludmg stream Jake, spru1g, river or C·l•lal, well, p.1mp, ga.ller.e~, ·~s~rv.)lr, ctstern, t.~nk)duct, ·.vhether cov:!red or o~en, treatmellt units, <>luc ·,up ply mam, culvert, engine, wat!r-truck, hydrant5, s·a11d-p p~, C'•nd.llt and oU(;h inery, )and, bUilding or o:her thtn~s for s 1pplyi 1:; or useJ for supplying>./ atcr or for protcctJDgsources of water supply or for treatment of water. CHAPTER II ESTABLISHMENT-CONDUCT OF BUSINESS, FUNCTIONS AND POWERS OF THE AUTHORITY 3 Establtshmmt of Kerala l·1'ater Aulhonty, -(I) Th e Go\'eiHrr>cnt ~hall by notification J1l the Gazette and with effect frum such date as may be ~.peclfied therelll, esta bhsh an au1onorr.o•1s aurhonty to be called the Kerala Water Auth01ay , (2) The Autho1 ity sh .. dl bi! a IJody corpor.:1te by the name aforesaid hav1ng pe1peu.al success10:1 and a common seal, with power to acqUire, hold and dispose of property both movable and immovable, and to contract and ~hall by rhe s:11d uame ~t.:e and be sued. (3) 1 he Author·ty shall for ail purpose~ be deeml!d to be a local .. Authonty. , (4) The Authority shall have its hud office .lt Tnvandrum and may' • have offices ~t such other places as 1t may consider necessary. 4 Constztutzon of the Autho1 ity.-Thc Authority ~hall consist of the followmg membci s, namely :- (a) a Cha1rrr,an appoiot ... d by the Government, (b) .t Ylanagm_; Dirccto1, who possesses experience m management and aduwustratwn 01· who ts <~ quahfieli Engmeer not be)O\\ : h~ rank of a Chief Engmcer having s~ffictcnt e:-.perience m management and administration y; ' I I I in water ~uppl> and se,verag~ works appoi<lte,l hy the Go,·e1n.nent ~ .... / 79 Provided that no person who 1s more ·than fifty-five years of age shall be appomted as Managing D1rector , (c) the SPctetary to Government m-rharge of Public Health Enginecrmg Department or the Kerala Water Autlvmty, f'x-ojjiCio; • (d) the Finance S£>cretary to Govcrn111eJJt, ex-officzo ; (c) the SPcrctar y to Government m-chat gc of Local Administration Department, exofjic10 , · -(f) the Sccretarv to Go;ernment in charge of Development Depart- tnent, ex-orjc1o , (g) two members represer,tmg th<: local bodies' m the State, appomed che Govct nment : ~-----~ ·- ___,, __ __._ __ ~-~---- • one of whom shall b ! e a member belonging tot .......... ~ ...... - ......... - ... -~--o--o ·- - ----·-·---~ -- \11} appointed by the Go\crJl"lient, z.nd ____ _ul-..a..-IDCilllll:aJ...-llll'..n>ht>.Y' ~-""'-~ h;) 1 L hP _., ~ .. - I.L' -·-- )Untant having a mmtmum of f• ~tu.o 11sation or public sector undcrta''-""1 ment, appointed by the L ____ \ ~I •o .... oUIIUl~Lll4rgeu· Insolvent ; --~~&"U\.U, ... J (c) is of unsound mmd and stands so declared by a c..,rnpetent cout t; {d) holOs, except as provided in ~ections fi :md 7, any office of profit under the Authorny ; (e) h<ls directly or Indm:ctly by htmself or by any partner, employer or erripJo, ce, any sh .re or interest, .,,hether pecuniary or of any other narurc in any contract or employment with, by or on behalf of the Authoruy : . (f) absents himself wtthout excuse, ~uffictent in the o01nion uf. the Authonty, from three con~ecutive mcetmgs of the Authontv. ·

Section 2 – The KERALA WATER SUPPLY AND SEWERAGE ACT, 1986 | DailyLaw.ai