Section 3
Power To Form Board
(1) The Government of Nepal may, by a Notification in the Nepal Gazette and in consultation with the concerned
Municipality, form a Water Supply Management Board, as required, to effectively operate and manage, or caused to be effectively operated and managed, the service system within One or more than one Municipality, being operated by 1 any governmental body or corporation at the time of the commencement of this Act.
(2) If the service system and service as referred to in Sub-section (1) is also be operated in any part or whole of the Village Development Committee, such a part of the Village Development Committee may also be included in the geographical area of the Board to be formed pursuant to Sub-section (1).
(3) Notwithstanding anything contained in Sub-section (1), if any Municipality desires to operate and manage, or cause to be operated and managed, under this Act any service system or service being operated by 2 any governmental body, Municipality or corporation, it may make an application, setting out the following details, to the Government of Nepal to form a Board:
(a) Geographical area where the service is operated and managed,
(b) Where the service is also extended to any Village Development Committee, details thereof,
(c) Condition of the source of water situated within the area where the service is operated and managed and
related thereto,
(d) Estimated number of users and description of demand for the service,
(e) Estimated cost required for the operation of the service,
(f) Long-term plan prepared for the operation, management, repair, maintenance and reform of the
service, and extension of the service,
(g) Action plan prepared to make the service effective and of quality,
(h) Matter of whether the Board itself has to operate the service or get the service operated by other person or
body,
(i) Where the service is to be operated by transferring the service system being operated by any
governmental body to the Board, the assets and liabilities associated with such a service system, and
the mode of transfer thereof and other provisions pertaining thereto, and (j) Such other matters as prescribed.
(4) If, in examining an application made pursuant to Sub-section
(3), it appears necessary to form such a Board, the Government of Nepal may, by a Notification in the Nepal Gazette, form the Board as per the applicant’s demand.