Legal Brief for the Consideration of Law Department of the Government of Orissa

The proposal aims to create a corporate entity, Water Corporation (WATCO), to assist BMC in managing and operating WSS services in Bhubaneswar. The legal analysis of the proposal involves examining the relevant laws and regulations applicable in the State of Orissa. The Constitution of India, as amended by the 74th Amendment Act, 1992, provides for the assignment of various responsibilities to municipalities and strengthens municipal governance. Article 243P(e) defines a municipality as an institution of self-government, and Article 243Q provides for the constitution of Municipalities in every state. The Orissa Municipal Corporation Act, 2003, governs the powers of Municipal Corporations in the State. Section 2(23) defines a corporation as a Municipal Corporation established under the Act. The Act mandates the Corporation to collect, remove, treat, and dispose of sewage, as well as manage and maintain all water works. Section 24 of the Act lists the obligatory duties of the Corporation, including the management and maintenance of all water works. Therefore, it can be asserted that providing water supply and sanitation services are covered by the legislating mandate to the Corporation under the Act, and BMC is eligible to accept the transfer of undertaking responsible for provision of WSS in the city of Bhubaneswar from the State Government of Orissa. The State Government may entrust the BMC with such powers as may be agreed upon between the State and the Corporation without legislating any new law. The Orissa Water Supply and Sewerage Board Act, 1991, established the Orissa Water Supply and Sewerage Board (OWSSB) to discharge the functions specified in the Act. However, PHEO continues to own and control WSS assets and provide WSS services throughout the State, with OWSSB rendering support services to PHEO. The proposal to transfer WSS services from PHEO to BMC involves several key considerations, including the transfer of undertaking, the creation of a corporate entity (WATCO), and the provision of assistance and services to BMC. The legal analysis suggests that BMC is eligible to accept the transfer of undertaking responsible for provision of WSS in the city of Bhubaneswar from the State Government of Orissa. The State Government may entrust the BMC with such powers as may be agreed upon between the State and the Corporation without legislating any new law. The proposal to transfer WSS services from PHEO to BMC requires careful consideration of the legal implications and the implementation of the necessary arrangements. The creation of a corporate entity (WATCO) to assist BMC in managing and operating WSS services in Bhubaneswar is a key aspect of the proposal. The legal analysis suggests that the State Government may entrust the BMC with such powers as may be agreed upon between the State and the Corporation without legislating any new law.