Section 7
Power To Form Kathmandu Valley Water Management Board
(1) Notwithstanding anything contained in Section 3, the Government of Nepal may form a separate Kathmandu Valley Water Management Board in order to operate the water supply service and sanitation service in the
municipal areas within the Kathmandu Valley is a regular, systematic and effective manner.
(2) Where, at the time of formation of the Board pursuant to Sub- section (1), the service is also being operated from the service system of the Municipalities within the Kathmandu Valley to any Village Development Committee or any part thereof, such a Village Development Committee or any part thereof may also be included in the
geographical area of the Board.
(3) After the formation of the Board pursuant to Sub-section (1), the Government of Nepal may transfer the service being operated and managed by the Corporation within the Kathmandu Valley and the service system, assets and liabilities related thereto to the Board as prescribed.
(4) Where, at the time of formation of the Board pursuant to Sub- section (1), the service is being provided by any governmental body in the municipal areas within the Kathmandu Valley, the Government of Nepal may also transfer the service system thereof to the Board formed pursuant to this Section.
(5) Within One year of the completion of the Melamchi Project in operation, at the time of the commencement of this Act, in relation to bring the water of the Melamchi stream situated in Sindhupalchok into the Kathmandu Valley and include the same within the service system, the Government of Nepal shall transfer, as prescribed, all structures of
that Project and equipment installed to such structures and liabilities associated thereto to the Board formed pursuant to this Sub-section (1).
(6) In the event of transfer of the structures and equipment of such Project pursuant to Sub-section (5), the structures built under that Project, equipment and service system installed thereto shall be deemed
to have ipso facto been transferred to the Board formed pursuant to this Section, and the Board shall be responsible for the repair, maintenance and expansion thereof.
(7) In transferring the structures and equipment of the Project pursuant to Sub-section (5), the employees related with the structures and equipment or service system may, as required, be transferred to the Board as referred to in this Section.
(8) The functions, duties and powers of the Kathmandu Valley Water Management Board, in addition to the functions, duties and powers set forth in Section 6, shall be as follows:
(a) In order to divert the water of natural source from outside its geographical area into its geographical
area and provide the service, to obtain such water and enter into an agreement with other person in that
regard, in accordance with the prevailing laws,
Provided that, in diverting the water from outside its geographical area into its geographical
area, it may provide reasonable amount to the local bodies or uses in that area.
(b) If it is necessary to take transfer of the service system being operated by any Municipality or service provider at the time of the commencement of this Act, to obtain such a service system in its ownership by providing a reasonable compensation and manage, or cause to be managed, the same,
(c) Except as otherwise mentioned in the prevailing laws, to regulate, control or prohibit the extraction
and use of water from groundwater resources within its geographical area, and, as per necessity, to give
license, as prescribed, to extract or use such water.
municipal areas within the Kathmandu Valley is a regular, systematic and effective manner.
(2) Where, at the time of formation of the Board pursuant to Sub- section (1), the service is also being operated from the service system of the Municipalities within the Kathmandu Valley to any Village Development Committee or any part thereof, such a Village Development Committee or any part thereof may also be included in the
geographical area of the Board.
(3) After the formation of the Board pursuant to Sub-section (1), the Government of Nepal may transfer the service being operated and managed by the Corporation within the Kathmandu Valley and the service system, assets and liabilities related thereto to the Board as prescribed.
(4) Where, at the time of formation of the Board pursuant to Sub- section (1), the service is being provided by any governmental body in the municipal areas within the Kathmandu Valley, the Government of Nepal may also transfer the service system thereof to the Board formed pursuant to this Section.
(5) Within One year of the completion of the Melamchi Project in operation, at the time of the commencement of this Act, in relation to bring the water of the Melamchi stream situated in Sindhupalchok into the Kathmandu Valley and include the same within the service system, the Government of Nepal shall transfer, as prescribed, all structures of
that Project and equipment installed to such structures and liabilities associated thereto to the Board formed pursuant to this Sub-section (1).
(6) In the event of transfer of the structures and equipment of such Project pursuant to Sub-section (5), the structures built under that Project, equipment and service system installed thereto shall be deemed
to have ipso facto been transferred to the Board formed pursuant to this Section, and the Board shall be responsible for the repair, maintenance and expansion thereof.
(7) In transferring the structures and equipment of the Project pursuant to Sub-section (5), the employees related with the structures and equipment or service system may, as required, be transferred to the Board as referred to in this Section.
(8) The functions, duties and powers of the Kathmandu Valley Water Management Board, in addition to the functions, duties and powers set forth in Section 6, shall be as follows:
(a) In order to divert the water of natural source from outside its geographical area into its geographical
area and provide the service, to obtain such water and enter into an agreement with other person in that
regard, in accordance with the prevailing laws,
Provided that, in diverting the water from outside its geographical area into its geographical
area, it may provide reasonable amount to the local bodies or uses in that area.
(b) If it is necessary to take transfer of the service system being operated by any Municipality or service provider at the time of the commencement of this Act, to obtain such a service system in its ownership by providing a reasonable compensation and manage, or cause to be managed, the same,
(c) Except as otherwise mentioned in the prevailing laws, to regulate, control or prohibit the extraction
and use of water from groundwater resources within its geographical area, and, as per necessity, to give
license, as prescribed, to extract or use such water.