| |
| Charge for services rendered |
|
| 55. |
|
(1) |
The Board shall for the purpose of the services rendered by it under the act levy fees, charges, including development charges, rentals and collect deposits and may recover interest on amount payable to it, at such rates as may be specified by regulations. |
| (2) |
The fees, charges, rentals and deposits referred to in sub - section (1) shall be so fixed as overall to ensure the recovery of all costs of operation, maintenance, repayment of debt and a return of not less than three percent on next fixed assets; Provided that development charges in respect of any building or part thereof or of any group of cluster of buildings shall not be less than the actual expenditure incurred. | | |
| Contrib - utions by the Government |
|
| 56. |
|
(1) |
The Government or the Central Government, or both, shall pay to the Board, on such terms and conditions that such Government may determine, by way of loans or grants, such sums of money as that Government may think fit for being utilized for the purposes of this act. |
| (2) |
While determining the amount and conditions of such loans or grants, the Government concerned shall have due regard to the financial consequences of any directions given to the Board under section 73 and of any circumstances arising out of any decision of the government. | | |
| Cons - titution of the water fund |
|
| 57. |
|
(1) |
All funds which immediately before the establishment of the Board vested in the Municipal Corporation of Delhi under the Water Supply and Sewage Disposal account, established under section 99 of the Delhi Municipal Corporation Act, 1957; and - |
| (2) |
All money received by or on behalf of the Board shall form one fund to be titled the Delhi Water Fund hereinafter called to as the "Water Fund". | | |
Mode of
maintenance of Water Fund |
|
| 58. |
|
(1) |
The water fund shall be maintained in the following three accounts, namely -
|
(a) |
The water supply account relating to all money received by or on behalf of the Board in respect of water; |
| (b) |
The drainage account relating to all money received by or on behalf of the Board in respect of drainage and sewerage; |
| (c) |
The general account relating to all other money received by or on behalf of the Board including money not attributable exclusively to either account specified in clause (a) or clause (b) | |
| (2) |
The board shall have power, subject to the provisions of this Act, to spend such sums as required to cover all administrative expenses of the Board and on objects or for purposes authorized by this Act, from any of the accounts. |
| (3) |
The Board may transfer any money from any account referred to in sub-section (1) to any other such account. | | |
| Investment of the Water Fund |
|
| 59. |
All moneys payable to the credit of the Water Fund shall be kept or invested in such manner as the Board may direct in accordance with regulations made in this behalf. | |
| Utilization of Water Fund |
|
| 60. |
The Money from time to time credited to the Water Fund shall, subject to the provisions of section 61, be utilized for performing the duties of the Board as laid down in this Act. | |
| Payment out of Water Fund |
|
| 61. |
|
(1) |
No payment of any sum of the Water Fund shall be made unless the expenditure of the same is covered by a current budget grant and a sufficient balance of such budget grant is available; Provided that this section shall not apply to payments made in the following cases namely -
|
(a) |
Refund to any person of moneys rightfully due to him; |
| (b) |
Sums payable in any of the following circumstances -
|
(i) |
Under orders of the Government or by the Central Government, on failure of the Board to take any action as required by such orders; |
| (ii) |
Under any other enactment by the Board; |
| (iii) |
Under decree or orders of a civil or criminal court; |
| (iv) |
Under a compromise of any claim, suit or other legal proceedings; |
| (iii) |
On account of costs incurred in taking immediate action to avert the outbreak of disease or any danger to human life or to the property of the Board. | | |
| (2) |
Wherever any sum is expended under the proviso to sub-section (1) the officer empowered to incur such expenditure, shall forthwith communicate the transaction to the Board. | | |
| Setting apart reserve funds for specific purposes |
|
| 62. |
The Board may from time to time, set apart such amounts as it thinks fit, as a reserve fund for the purpose of expanding existing facilities or services or for creating new facilities or services or for meeting any liability. Provided that the sum set apart annually in respect of each or collectively of all such reserve funds shall not exceed such limits as may, from time to time, be fixed on this behalf by the Government. | |
| Borrowing powers of the Board |
|
| 63. |
|
(1) |
The Board may, with the consent of the Government or in accordance with the terms of any general or special authority given to it by the Government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging any of its functions under this Act. |
| (2) |
Subject to such limits as the Government may, from time to time, lay down, the Board may borrow temporarily, by way of overdraft or otherwise, such amounts as it may require for discharging its functions under this act. |
| (3) |
Notwithstanding anything contained in the Foreign Exchange Regulation Act, 1973 or in any other law for the time being in force relating to foreign exchange, the Board may, for the purposes of this Act, borrow with the previous consent of the Central Government, money from any bank or financial institution in any foreign country or otherwise. | | |
Entrusting of works
to any company |
|
| 64. |
The Board may, with the consent of the Government or in accordance with the terms of any general or "special directions" given to it by the Government, and subject to such terms as may be approved by the Government, entrust to any company the construction or operation of any water works, sewerage works or billing and revenue collection. | |
Preparation of
Budget |
|
|
65. |
The Board shall, during each financial year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing and shall forward a copy thereof to the Government. | |
| Power to write off irrecoverable amounts |
|
| 66. |
The Board may write off any amount or sum whatsoever due or payable to it, if in its opinion such amount or sum is irrecoverable. | |
| Time and manner of payment of charges |
|
| 67. |
Save as otherwise provided in this Act, any charge levied under this Act shall be payable on such dates and in such manner as may be determined by regulations made in this behalf. | |
Notice of demand
and notice fee |
|
| 68. |
|
(1) |
If any charge has become due, and a bill therefore has been duly presented by the Board, and such charges have not been paid to the Board within fifteen days of presentation, the Board may issue a notice of demand, in such form and in such manner as may be fixed by regulations made in this behalf, to the person liable to pay such charges. |
| (2) |
A notice of demand under sub-section (2) may also include a fee for such amount, not exceeding fifty rupees as may be determined by regulations made in this behalf, which shall be payable along with the charge due and interest, under sub - section (1) |
| (3) |
A certificate of posting addressed to the appropriate person at his last known place of business or residence shall be sufficient proof of presentation to and service on such person of any bill or notice of demand under this section. | | |
| Power of Administrator regarding audit of account of the Board |
|
| 69. |
The Administrator may, where he is of the opinion that it is necessary in public interest so to do, request the Comptroller & Auditor General to audit the accounts of the Board as provided under Section 19 (3) of the C.A.G. Act, 1971 Provided that no such request shall be made except after consultation with the Comptroller & Auditor General and except after giving a reasonable opportunity to the Board to make representation with regard to the proposal for such audit. | |
| Accounts and Audit |
|
| 70. |
|
(1) |
The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profit and loss account and the balance sheet, in such form as may be prescribed by the Government in consultation with the Comptroller and Auditor General of India. |
| (2) |
The accounts of the Board shall be audited annually by the Comptroller and Auditor General of India and any expenditure incurred by him in connection with such audit shall be payable by the Board. |
| (3) |
The Comptroller and Auditor General of India and any person appointed by him in connection with the audit of the accounts of the Board shall have the same powers in connection with such audit as the Comptroller and Auditor General has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, and other documents and papers and to inspect any of the offices of the Board. |
|
(4) |
Every such auditor shall send a copy of his report, together with an audited copy of the accounts, to the government. |
| (5) |
The Government shall, as soon as may be after the receipt of the audit report under sub-section (4), cause the same to be laid before the Legislative Assembly of the National Capital Territory of Delhi. | | |
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