Court : Karnataka
Reported in : ILR1986KAR488
..... the regulations are made by b w s s b in-exercise of the power conferred on it by sections 31, 61 and 88 and all other enabling provisions of the bangalore water supply and sewerage act, 1964. ..... the new regulations are valid in law and are consistent with the provisions of the bangalore water supply and sewerage act, 1964, and rules made thereunder. ..... these writ appeals are filed by the bangalore water supply and sewerage board (hereinafter referred to as 'the board') against the common judgment of the learned single judge in writ petition no. ..... in the writ petitions, the petitioners, who are non-domestic consumers of water supplied by the board in the city of bangalore, questioned the validity of regulation 7-a introduced into the bangalore water supply regulations, 1965 (hereinafter referred to as 'the regulations') by an amendment made on 1st november, 1981. ..... the cost of making a connection or the hire of a meter or the cost of carrying out any work or test connected with the water supply which is chargeable to any person by or under this act is not paid within fifteen days after a bill for such charges or sums has been presented or served.xxx xxx xxxprovided that the board shall not cut off the supply of water unless notice of not less than three days has been given to the owner or occupier ..... it is made in accordance with law and is in conformity with the powers vested in the board under the provisions of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ574
..... prabhakar that the 'dominant purpose' being the establishment of the board under the provisions of the bangalore water supply and sewerage act, 1964, was not to earn profit yet in the light of the view that i have taken on the first question and held that the board is a 'local authority' within the meaning of section 32(iv). ..... of such seven members: (1) one shall be a person who has experience of, and has shown capacity in commercial matters and administration; (2) one shall be a person with wide experience of civil engineering works preferably in the field of public health engineering with reference to water supply, sewerage and sewage disposal and industrial wastes, and (3) one shall be a person who has experience of accounting and financial matters in a public utility undertaking. ..... on and from the date of coming into force of the provisions of chapter iv of the act, all public reservoirs, tanks, cisterns, fountains, wells, pumps,pipes, taps, conduits and other works connected with the supply of water to the bangalore metropolitan area have vested in the board and are subject to its control. .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)ILLJ1101All
..... such activities cannot be termed to be an industry and the view taken by the tribunal is not correct.learned counsel for the respondent, on the other hand has submitted that the petitioner is an industry as it undertakes systematic activity with the help of organised labour force and the conditions laid down for determining the industry in bangalore water supply and sewerage board's (supra) case are fully satisfied and the award does not suffer from any error of ..... krishi utapadan mandi adhiniyam, 1964 has been vested with a power to execute all works chargeable to the board's fund, to maintain accounts, to make necessary arrangement for propaganda and publicity on matters re-: lating to regulate marketing of agricultural produce, to provide facilities for the training of officers and servants of the market ..... was retrenched from service without complying with the provisions of section 6-n of the act, hence the termination was illegal and he was found entitled for reinstatement in servfce with effect from february 22, 1970 with full back wages and all consequential benefits and the continuity of service, pension, provident fund, gratuity etc. ..... of the judgment of hon'ble supreme court relied on will show that the postal and telecommunication department has not been held to be an industry and therefore, it was held that the extra departmental employees in postal department are also civil servants and not workmen and thus the provisions of section 6-n of the act shall be applicable. .....
Tag this Judgment!Court : Karnataka
Reported in : 1995(1)KarLJ113
..... in terms of section 3 of the said act, the government was required to constitute a board by the name of the 'bangalore water supply and sewerage board' consisting of not less than three but not more than 7 members appointed by the state government section 9 of the 1964 act, provides that the board shall be a body corporate having perpetual succession and a common seal, with power subject to the provisions of this act and the rules made thereunder, to acquire, hold and dispose of property, both movable and immovable, and can sue or be sued in its name ..... section 16 of the act provides for general principles for board's finance, whereas section 2 vests authority in the board to make regulations not inconsistent with the act for all or any of the matters set out in the said section ..... 19528/1984 filed by the bangalore water supply & sewerage board is allowed and the award of the industrial tribunal dated 27-12-1983 in so far as the same holds the employees of the board working at its pumping stations and the treatments plants entitled to payment of bonus is hereby quashed ..... it is true that power to tax may in certain cases be one of the attributes of a local authority for it is not uncommon the municipal committees and district boards, have been vested with the power to levy taxes yet the requirement of a power to tax, as an essential attribute of a local authority is not applicable in such rigorous ..... is essential is that control or management of the fund must vest in the authority.' 16. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2794
..... the fact that section 9 sub-section (2) of the 1964 act makes the board a local authority for purposes of the bangalore water supply & sewerage act and the land acquisition act, does not also lead us anywhere for it does not necessarily mean that the board shall be deemed to be local authority even for the purposes of payment of bonus act, merely because it is so for purposes of the land acquisition act or the 1964 act.12. ..... section 16 of the act provides for general principles for board's finance, whereas section, 2 vests authority in the board to make regulations not inconsistent with the act for all or any of the matters set out in the said section. ..... 19528/1984 filed by the bangalore water supply & sewerage board is allowed and the award of the industrial tribunal dated 27-12-1983 in so far as the same holds the employees of the board working at its pumping stations and the treatments plants entitled to payment of bonus is hereby quashed;(b) writ petitions nos. ..... it is true that power to tax may in certain cases be one of the attributes of a local authority for it is not uncommon the municipal committees and district boards, have been vested with the power to levy taxes yet the requirement of a power to tax, as an essential attribute of a local authority is not applicable in such rigorous terms. ..... what is essential is that control or management of the fund must vest in the authority.'16. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1993Kant121; 1992(2)KarLJ369
..... (ii) the bangalore water supply and sewerage board ('water board'for short) the statutory authority constituted and the bangalore water supply and sewerage act, 1984 entrusted with the function of ensuring supply of water to the city, filed appeals before the karnataka appellate tribunal against the orders of the deputy commissioner according permission for conversion of the lands for non-agricultural purpose on the ground that establishing of a township ..... (3) the tahsildar shall, on receipt of the declaration under sub-section (2) and after such enquiry as may be prescribed, send a statement containing the prescribed particulars relating to such land to the deputy commissioner who shall, by notification, declare that such land shall vest in the state government free from all encumbrances and take possession thereof in the prescribed manner. ..... this reservoir wasconstructed and commissioned in the year1933 and it is under the control of thebangalore water supply & sewerage boardfrom the year 1964 after formation of theboard. ..... therefore, any modifications to the layout if found necessary later on, while executing the civil works, may be permitted in consultation with the town planning auth-orities, but in no way sites for 270 country villas will be exceeded. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2649; 1994(4)KarLJ22
..... as per section 32(3) and regulation 5(2) of the bangalore water supply and sewerage act, 1964, and regulation 5(2) which has been referred to in the act as bwssb, the distance between water supply sub-main and the premises should ..... reasonably incurred by the board in executing the work which it is required or authorised by this section to execute, shall be repaid to it by the person by whom the notice was given and may be recovered from such person as an arrear of water rate under this act:provided that the board considers if necessary to lay a main in lieu of a supply pipe, the additional cost incurred in laying the main instead of a supply pipe shall be borne by ..... , etc:- (1) an owner, lessee or occupier of any premises, who desires to have a supply of water for his domestic purposes from the board water works, shall comply with the following requirements, namely:-(a) he shall give to the board fourteen days' notice of his intention to lay the necessary supply pipe; and(b) he shall lay the supply pipe at his own expense, having first obtained, as respects any land not forming part of a street the consent of the owners or ..... supply of water:- the water supply engineer may permit the owner, lessee or occupier of any premises to connect the premises by means of supply pipes for conveying to the premises a supply of water for his domestic purposes from the board water works subject to the requirements specified in section 44 and the conditions, if any, laid down in the rules .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1529
..... (ii) the bangalore water supply and sewerage board ('water board' for short) the statutory authority constituted under the bangalore water supply and sewerage act, 1984 entrusted with the function of ensuring supply of water to the city, filed appeals before the karnataka appellate tribunal against the orders of the deputy commissioner according permission for conversion of the lands for non-agricultural purpose on the ground that establishing of a township ..... 19919 to 19954 and 21172 to 21177/1982 presented by the bangalore water supply and sewerage board, which order was confirmed in writ appeals nos ..... the bangalore water supply and sewerage board vide its letter dated 2-1 -85 had suggested to the government to examine the entire matter ..... the decision is the bangalore water supply & sewerage board v. ..... petitions held that having regard to the language of sub-section (4) of section 95 of the act, which required the deputy commissioner to refuse permission for conversion of lands from agricultural use to non-agricultural use if it was injurious to public interest and in view of sub-section (4) of section 95 which made it obligatory for the deputy commissioner to impose conditions for safeguarding public interest, in a case in which permission is accorded any member of the public or water board had the necessary locus standi to prefer the appeal. ..... the tank and connected works will be located a minimum of 100 metres away from the river in case of those plots which fall near the river line .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1697
..... in support of these submissions, learned counsel has placed reliance on section 32 of the bangalore water supply and sewerage act, 1964 (for short, the 'act') and the definition of the word 'occupier,' found in section 2(13) of the act. ..... section 32 of the act, states that the water supply engineer may, on application by the owner or occupier of any building, arrange, in accordance with the regulations, to supply water thereto for domestic consumption and use. ..... the object behind such a wide definition is to enable every occupant to secure water supply because water is so essential to every living being that without that nobody can survive. ..... in the instant case, as stated by the respondents, the slum dwellers who are occupying the plots in question, have represented to the first respondent for installing the water tap since they do not have water supply. ..... accordingly, an estimate was sent by the board which was approved by the corporation and thereafter, the board has installed the tap in question.4. ..... the corporation came forward to finance the installation of the tap and requested the board authorities to send an estimate. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR554
..... . somasetty, [supra] keeping in view the observations of the constitution bench in bangalore water supply and sewerage board's case and hold that irrigation department is an industry and would be amenable to the jurisdiction of the tribunal under the industrial disputes act.8 ..... . with regard to other aspect that the workman concerned has worked for more than 240 days in the preceding calender months and that the provisions of section 6-n of the industrial disputes act, 1947 have not been complied with before terminating the services of the workman concerned, this writ petition has come before this court with a dispute that irrigation department is not an industry ..... the labour court and also by the witness for the petitioner before the labour court that subsequently 450 newly recruited workmen were engaged for doing the same type of work, the labour court was of the view that before calling those 450 workmen and before engaging them for such similar type of work, the petitioner has not called the present respondents and has not offered the work as required under section 25h of ..... . in our opinion it is difficult for us to agree with the contention of the learned assistant government pleader, appearing on behalf of the state government, that the employees working in the irrigation section of the public works department are not the workmen in the terms of the definition of the said term given in sec.2[s] of the industrial disputes act .....
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