THE GREATER LAHORE WATER SUPPLY, SEWERAGE AND DRAINAGE ORDINANCE, 1967

[WEST PAKISTAN ORDINANCE II OF 1967] (Continues n force under Art. 19(2), P.O. No.1 of 1970)

[AS AMENDED BY:

 

            1.         WEST PAKISTAN ORDINANCE XXXVII OF 1969(Continues in force under Art. 19(2), P.O. No.1 of 1970)

2.         PUNJAB ORDINANCE XIV OF 1971

 [3rd June 1967]

 

An Ordinance to make provision for facilitating the execution of the Greater Lahore Water Supply, Sewerage and Drainage Scheme

[No. PAWP/Legis  (9)/67/18. The Greater Lahore Water Supply, Sewerage and Drainage Ordinance, 1967, promulgated by the Governor of West Pakistan on 16th February, 1967, having been approved by the Provincial Assembly of West Pakistan with amendments, on 2nd May 1967, in pursuance of clause (4) of Article 79 of the Constitution of the Islamic-Republic of Pakistan and assented to by the Governor of West Pakistan on 2nd June, 1967 is hereby published for general information :]

Whereas it is expedient to make provisions for facilitating the execution of Greater Lahore Water Supply, Sewerage and Drainage Scheme;

And, Whereas, the Provincial Assembly of West Pakistan is not in session, and the Governor of West Pakistan is satisfied that circumstances exist which render immediate legislation necessary;

Now, Therefore, in exercise of the powers conferred on him by clause (1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance :–

1.         Short title, commencement and extent.– (1) This Ordinance may be called the Greater Lahore Water Supply, Sewerage and Drainage Ordinance, 1967.

(2)        It shall come into force at once.

(3)        It shall extend to the area under the jurisdiction of the Lahore Improvement Trust, and to such other area or areas beyond the jurisdiction of the Trust as Government may, by notification, specify from time to time.

COMMENTARY

            Subsequent amendment.— This Ordinance has subsequently been amended by Wes Pakistan Ordinance (XXXVII of 1969). All these amendment stand duly incorporated at their appropriate places in the principal Ordinance.

2.         Definitions.— (1) In this Ordinance, unless there is anything repugnant in the subject or context :–

(a)        “Act” means the Punjab Town Improvement Act, 1922 (Punjab IV of 1922);

(b)        “Government” means the Government of West Pakistan;

(c)        “Municipal Committee” means the Lahore Municipal Corporation;

(d)        “Ordinance” means the Municipal Administration Ordinance, 1960 (Ordinance X of                              1960);

(e)        “Project Director” means the Project Director, Lahore Water Supply, Sewerage and Drainage Project;

(f)         “Scheme” means the Lahore Water Supply, Sewerage and Drainage Project; and

(g) “Trust” means the Lahore Improvement Trust.

(2)        Words and expressions not defined in this Ordinance shall have the same meaning as in the Act and the Ordinance.

3.         Water Supply, Sewerage and Drainage Scheme.— The Scheme shall be executed and administered by the Trust as if it were a scheme under the Act.

4.         Functions with regard to water supply, sewerage and drainage. — (1) For the period, the water supply, sewerage and drainage scheme remains under the control of the Trust:–

(a)        all functions and powers with regard to water supply, sewerage and drainage, including the power to administer and collect rates, fees and charges for water supply, sewerage and drainage, and the making of bye-laws under the Ordinance for the purposes of water supply, sewerage and drainage shall be performed and exercised by the Trust as if it were a Municipal Committee;

(b)        all properties, assets, and liabilities pertaining to water supply, sewerage and drainage heretofore vesting in the Municipal Committee shall vest in the Trust;

(Subs. By W.P.Ord. XXXVII of 1969)[(c)            the staff of the Municipal Committee, heretofore responsible for the administration of water supply, sewerage and drainage, shall continue to be governed by the provisions of the Ordinance and the Rules framed thereunder, but shall work under the administrative control of the Trust, and for the purposes of the said staff, the Trust shall be deemed to be the Municipal Committee and the Chairman of the Trust shall be deemed to be the Chairman of the Municipal Committee.]

(Subs. By W.P.Ord. XXXVII of 1969, S.3) [(2)      The arrangements for the transfer of functions with regard to water supply, sewerage and drainage from the Municipal Committee to the Trust shall be as specified in Schedule I. (For Schedule I, see page 436 infra]

5.         Lahore Water Supply, Sewerage and Drainage Committee. — (1) The Trust shall implement the Scheme through a Committee, to be known as the Greater Lahore Water Supply, Sewerage and Drainage Committee which shall consist of :-

(a)        Chairman, Lahore Improvement Trust …Chairman

(b)        Chairman, Lahore Municipal Corporation …Member.

(Subs. By W.P.Ord. XXXVII of 1969, S.3) [(c)      Representative of the Finance Department of Government of West Pakistan ; and …Member.

(d)        Chief Engineer, West Pakistan, Public Health Engineering Department, Lahore …Member.

(2)        The Project Director shall be the Secretary to the Committee.

(3)        The Chairman, Lahore Improvement Trust shall be the principal Executive Officer and for the purpose of planning and implementation of the Scheme shall exercise such powers of the Trust, as may be specified by Government, while the Chief Technical Engineer, Public Health Engineering Department shall be the Advisor to the Committee.

(4)        The Chairman may delegate to the Project Director or any other officer employed in the scheme such powers as may be necessary from time to time for the execution of the Project and the performance of functions with regard to the administration to water supply, sewerage and drainage.

6.         Assignment of functions to the Municipal Committee. — Notwithstanding the transfer of functions with regard to water supply, sewerage and drainage from the Municipal Committee to the Trust, the Government may require the Municipal Committee to perform such functions on behalf of the Trust as may be specified, including the collections of water, sewerage and drainage rates on such condition as may be laid down.

7.         Finance. — (1) For the purposes of the execution of the scheme, and the administration of the water supply, sewerage and drainage service, the Trust shall maintain separate fund to be known as the Water Supply, Sewerage and Drainage Fund. All receipts relating to or meant for water supply, sewerage and drainage shall be credited to the Fund, and expenditure for the purposes of water supply, sewerage and drainage shall be incurred out of the Fund.

(2)        The Trust shall prepare and administer a separate budget for the purposes of the Water Supply, Sewerage and Drainage Fund.

8.         Rates, fees and charges. — (1) Adequate funds shall be raised by the Trust to meet the cost of the Scheme by imposing rates, fees and charges for water, sewer and drainage from time to time.

(2)        The rates, fees and charges for water, sewer and drainage shall be such as to provide sufficient revenues:-

(i)         to cover the operating expenses, including taxes, if any, any interest to provide for adequate maintenance and depreciation ;

(ii)         to meet repayments on long term indebtedness to the extent that such repayments exceed the provision for depreciation ;

(iii)            to finance the normal year to year extension of water supply, sewerage and drainage system and to provide a reasonable portion of the cost of future major expansion of such system.

(3)        Initially, sewer and drainage rates shall be levied as specified ‘in Schedule II, but in order to conform to the provisions of sub-section (1), Government may, from time to time, by notification, vary the rates specified in the Schedule.

(4)        The loan raised to finance the Scheme shall be the primary charge on the Water Supply, Sewerage and Drainage Fund, and if in the opinion of Government, the income from the water and drainage rates is inadequate to meet the loan charges. Government may levy any tax which a Municipal Committee is authorised to levy under the Ordinance and direct that the proceeds thereof shall be credited to the Water Supply, Sewerage and Drainage Fund, and utilized for the service of the loan.

9.         Control. — (1) Where the Trust acts as a Municipal Committee for the purposes of this Ordinance, the Government shall be the Controlling Authority.

(2)        The Government may frame Rules to carry out the purposes of this Ordinance, and for the administration of the water supply, sewerage and drainage service.

(3)        If there is any dispute between the Trust and the Municipal Committee over any point arising under this Ordinance, the matter shall be referred to Government whose decision shall be final.

10.        Completion of the Water Supply, Sewerage and Drainage Scheme. — When the scheme has been completed to the satisfaction of Government, functions with regard to water supply, sewerage and drainage may be transferred by it to the Municipal Committee, and the consequences which ensue upon such transfer, including the assets and liabilities shall be duly determined and specified by Government, and the same shall be given effect to by the parties.

SHEDULE I

[See SUB-SECTION (2) OF SECTION 4 supra]

A-ENGINEERING SECTIONS

            (a)        Installations in charge of Municipal Committee.— The installations in the charge of the Municipal Committee staff, together with Engineering Divisions/Sub-Division which include personnel, i.e. Engineers, technicians, clerical staff shall be transferred to the Trust alongwith stores in hand within three weeks or promulgation of this Ordinance. The Municipal Committee shall prepare and deliver to the Trust lists of staff, installations and store within two weeks of the promulgation of this Ordinance.

            (b)        Installations in charge of Public Health Engineering Department.— The Municipal Committee shall cause the transfer of Municipal water supply, sewerage and drainage works and installations which presently are in the charge of the Public Health Engineering Department within three weeks of promulgation of the Ordinance or from such other date as Government may fixed on this behalf.

            (c)        Sewers, storm water Channel and surface drains. —– The clearance and maintenance of extramural drains, and storm water channels shall be the responsibility of the Trust and the staff employed by the Trust for such purposes may include existing Municipal staff performing such functions. The intramural surface drainage shall, however, remain with the Municipal Committee.

            (d)        Capital works. The capital works of water supply  and sewerage of Municipal Committee in the budget of 1966-67 shall be covered as under:—

(i)              Works in progress.—The water supply, sewerage and drainage work in progress shall be transferred from Municipal Committee to Trust together with adequate funds, expenditure statement, contract documents, work arrangements, etc., within three weeks of promulgation of this Ordinance. The Trust shall, however, scrutinize these in the light of over all Scheme.

(ii)             Work budgeted but not taken in hand.— In case the Municipal Committee consider that certain works relating to water supply, sewerage and drainage provided in the budget of 1966-67, are essential, and that they should be executed during the current financial year the sanctioned funds shall be transferred to the Trust for execution thereof. The Trust shall, however, scrutinize these planned works in the light of overall Scheme.

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SCHEDULE II

(See SUB-SECTION (3) OF SECTION 8)

(at page 435 supra)

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            Serial                                        Item                                          Rates

            No                                                                                                                               

 

  1. A. Water:

1-A       Domestic Ferrule Rates                           1.         ¼ Ferrule Rs. 4.50 per month for                                                                           uto two taps.

                                                                        2.         3/8” Ferrule Rs. 9.00 per month                                                                                        for upto two taps.

                                                                        3.         ½” Ferrule Rs.12.00 per month                                                                                         for uto two taps

  1. ¾” Ferrule Rs.19.00 per month for up to two taps.

  1. 1” Ferrule Rs.24.00 per month

  1. 1.5 for every additional tap Re 0.50 per month.

  1. Alternative for item 1, 6-7½  per cent of annual rental value of buildings which ever is higher, subject to a minimum of Rs.56.00 per annum

B.         Commercial-

            Flat Rates:

(i)              Katries, tanneris, lodging houses, Rs.18.00 per month, stable, daries, etc.

(ii)             Hamams                                   …….    Rs. 11.25 per month

C.        Meter rate per month:-

            (i)         Domestic                                               Rs. 1.50 per 1,000 gallons

            (ii)         Commercial and Industrial                        Rs.220 per 1,000 gallons

            (iii)        Minimum charges per month for

                        Metered connections:-

Size of Ferrule                            Consumption                              Amount

½                     …                     3,000 gallons                  …         4.5

¾”                    …                     6,000 gallons                  …         9.0

1”                     …                     10,000 gallons                …         15.0

For commercial supplies add 33½ %

            Serial No.                                  Item                                          Rates

(iv)        Meter Rent per Month–

            ¼”                    …                     Rs. 1.25

            ¾”                    …                     Rs. 1.75

            1”                     …                     Rs. 2.38            [Meter rent less than 16

            1½”                  …                     Rs. 3.63            days full month,

            1½”                  …                     Rs. 4.25            Private meter rent

            2”                     …                     Rs. 5.08            (half)

            3”                     …                     Rs. 8.48

            D.         Religious and Charitable Half and domestic rate. Institutions.

            E.  1.    Surcharge for late pay payment–              10% surcharge if payment is not made                                                                                          by the due date specified  in the bill;

            II.         Bulk Water Supply:                                 To corporate bodies like Cantonment                                                                                              board Re.1.00 per 1,000 gallons.

            III.        Community Standposts:                          Re1.00 per 1.00 gallons on the basis of                                                                                          measurements by meters or otherwise,                                                                                       payable by Municipal Committee.

            B.         Sewar and Drainage:

            IV.        Sewer Rate:

                        (a)        Sewer rates 3½% of annual rental value for all houses/buildings in the                                               area served with sewers.

                        (b)        Bulk Rate:

[for premises owned by a body, institution or organization, whether incorporated under any law or not, including a department, body, institution or organization of the Central Government or of any Provincial Government, and a body, institution or organization controlled by any such Government. [….. Rs. 200 per Acre.

            V.         Drainage Rates-

                        Drainage rate of 1% of annual value  for all houses, buildings outside and sewered                  area.

            VI.        Billing and Collection:

The billing and collection to be done on monthly or quarterly basis for quarters ending 31st March, 30th June, 30th September and 31st December.

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