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Chapter - II |
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| CONSTITUTION OF DELHI WATER BOARD |
Constitution
of the Board |
| 3. |
| (1) |
The Government shall, as soon as may be after the issue of the notification under sub-section (3) of Section 1, constitute the Delhi Water Board by notification in the official Gazette. |
| (2) |
The Board shall consist of:
| (i) |
A chairperson who shall be the minister in-charge of the subject matter of the government and a vice chairperson to be nominated by speaker from amongst members as per clause 2 (iii). |
| (ii) |
A Chief Executive Ooffice to be nominated by the Government who shall be an officer drawing pay in the scale not less than that of a Joint Secretary to the Government of India. |
| (iii) |
Three members of the legislative assembly of the National Capital territory of Delhi to be nominated by the speaker. |
| (iv) |
Two members of the Municipal Corporation of Delhi, Ex-officio. |
| (v) |
The Cmmissioner of the Municipal Corporation of Delhi, Ex-Officio. |
| (vi) |
The chairperson of the New Delhi Municipal Council, Ex-officio. |
| (vii) |
A Member (Water Supply) to be nominated by government who shall be an engineer, drawing pay not less than that of a Joint Secretary to the Government of India, having specialized knowledge and experience in the matters relating to water supply. |
| (viii) |
A Member (Drainage) to be nominated by government who shall be an engineer, drawing pay in scale not less than that of a Joint Secretary to the Government of India, having specialized knowledge and experience in the matters relating to drainage. |
| (ix) |
A Member (Finance) to be nominated by the government drawing pay in the scale not less than that of a Joint Secretary to the Government of India, having specialized knowledge and practical experience of accounting and financial matters. |
| (x) |
A Member (administration) to be nominated by the Government drawing pay in the scale not less than that of a Joint Secretary to the Government of India, having specialized knowledge ad practical experience of personnel and administrative matters. |
| (xi) |
Secretary In-carge of the Department of the Government dealing with the Board, Ex-officio. |
| (xii) |
A representative of the Ministry of urban Affairs & employment, government of India who shall not be below the rank of joint Secretary to the Government of India, to be nominated by the Central Government. |
| (xiii) |
One representative of the Delhi Cantonment Board, preferably an elected representative of the Delhi Cantonment Board, to be nominated by its President. |
| (xiv) |
A representative of the Central Ground Water Authority who shall not be below the rank of a Chief Engineer, to be nominated by the Central Government. | |
| (3) |
Members nominated under clauses (ii), (vii), (viii) (ix) and (x) shall be entitled to receive from the funds of the Board such salaries and allowances, and shall be governed by such conditions of service, as may be prescribed. |
| (4) |
Except in the case of ex-officio members and members nominated under clauses (iii), (iv) & (xiii) of sub section (2), the members of the Board shall hold office at the pleasure of the Government. |
| (5) |
The members of the Board nominated under clauses (iii), (iv) and (xiii) of sub-section (2) shall not hold office for a continuous period for more than two years and shall cease to hold office whenever they cease to be members of the Legislative Assembly of the National Capital Territory of Delhi or members of the Municipal Corporation of Delhi or of the delhi Cantonment Board, as the case may be. |
| (6) |
No decision taken by the Board or under the authority of the Board shall be called into question on the ground only of the existence of any vacancy among the members of the Board or of any defect or infirmity in the constitution of the Board. | | |
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| 4. |
| (1) |
In the absence of the Chairperson, the Vice Chairperson and in the absence of Chairperson & Vice-Chairperson, the Chief Executive Officer shall be competent to carry out the duties and functions of the Chairperson. |
| (2) |
If the Chief Executive Officer of the board is by reason of illness or otherwise rendered temporarily incapable of carrying out his duties, or is granted leave of absence by the Government, or is otherwise unable to attend to his duties, in circumstances except the cessation of his membership, the government may appoint another person to act for him as the Chief Executive Officer to carry out his duties and functions by or under this Act. Such person shall vacate office on the date when the Chief Executive Officer resumes his duties. | | |
Non-participation
of a member if he holds interest in any firm, etc. |
| 5. |
| (1) |
If the Board has entered into or is considering entering into any contract or agreement with any firm or company in which a member holds any share or interest, he shall disclose the fact and nature of such interest and he shall not be entitled to participate in any decision of the Board relating to such contract or agreement. |
| (2) |
Every disclosure referred to in sub-section (1) shall forthwith be recorded in the minutes and communicated to the Government, and the Government may thereupon give such direction as it may deem proper. | | |
| Inc - orporation of the Board |
| 6. |
| (1) |
The board shall be a body corporate having perpetual succession and a common seal and the power to acquire and to hold property, both movable and immovable, and may sue and be sued. |
| (2) |
All orders and decisions of the Board shall be authenticated in such manner as may be provided in the regulations. | | |
| Appointment of staff |
| 7. |
The Board may appoint a Secretary and all such officers as may be required to enable the Board to carry out its functions under this Act: Provided that the Government may prescribe that appointment to certain posts shall be subject to its approval. | |
| Water consultative council |
| 8. |
| (1) |
The Government may constitute a Water Consultative Council. |
| (2) |
The functions of the Water Consultative Council shall be: -
| i. |
To advise the Board on policy matters and formulation of annual and five year plans. |
| ii. |
To give expert advice on administrative, financial and technical matters; |
| iii. |
To advise the Board on matters pertaining to the interests of consumers and issues affecting the environment; |
| iv. |
To advise the Board on any other matter regarding which the Board seeks its advice. | |
| (3) |
The Chairperson of the Board shall be the Chairperson of the Water Consultative Council and its members shall be as follows: -
| i. |
All members of the Board, ex-officio; |
| ii. |
Two members of the Legislative Assembly of the National Capital Territory of Delhi to be nominated by the speaker. |
| iii. |
Two members of the Municipal Corporation of Delhi to be nominated by the Mayor; |
| iv. |
One expert in environmental and ecological matters to be nominated by the Government; |
| v. |
Two experts in water management to be nominated by the government. |
| vi. |
Two persons representing consumer interests to be nominated by the Government; |
| vii. |
One member representing the employees to be nominated by the Government; |
| viii. |
One member from the New Delhi Municipal Council out of the Non-official members. | | | | | |
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Local Services 