HYDERABAD METROPOLITAN WATER SUPPLY AND SEWERAGE ACT, 1989
SCHEDULEFIRST SCHEDULE
(See Section 14)
Description of assets
Number of years of period
A. Land Owned under full title
......
......
Infinite
B. Land held under lease
(a) for investment in the land
......
......
&n
SCHEDULESECOND SCHEDULE
(See Section 52)
Provision of the
Act
Subject
Maximum Fine
which may be
imposed
Daily Fine
which may
be impo-
sed
1
2
3
4
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SCHEDULETHIRD SCHEDULE
(See Section 77)
Provisions of
the Act
Subject
Fine which
may be im-
posed
Daily fine
which may
be imposed
(1)
(2)
(3)
(4)
(1) This Act may be called the Hyderabad Metropolitan Water Supply and Sewerage Act, 1989.
(2) It extends to the whole of the Hyderabad Metropolitan area.
(3) It shall come into force on such the Act came into force on such date as the Government may, by notification, appoint, and they may appoint different dates for different provisions or different chapters.
(1) In this Act, unless the context otherwise requires,--
(a) "Board" means the Hyderabad Metropolitan Water Supply and Sewerage Board constituted under Section 3;
(b) "bye-laws" means bye-laws made by the Board under this Act;
(c) "Chief Engineer" means the officer appointed or authorised by the Board to perform the functions of the Chief Engineer under this Act and includes an Officer placed in additional charge of the duties of the Chief Engineer;
(d) "communication pipe" means
(i) where the premises supplied with water abut on the part of the street in which the main is laid, and the service pipe enters those premises otherwise than through the outer wall of building on the street and has a stopcock
(1)
(a) The Government shall, as soon as may be after the commencement of this Act by notification, constitute a Board by the name of "The Hyderabad Metropolitan Water Supply and Sewerage Board";
(b) 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, and enter into contracts, and shall by the said name sue and be sued;
(c) For the purposes of this Act and the Land Acquisition Act, 1894, (Central Act 1 of 1894) the Board shall be deemed to be a local authority.
(2) The Board shall consist of the following :
(a)
&
All orders and decisions of the Board shall be authenticated by the signature of the Managing Director or any other Director authorised by the Board in this behalf and all other instruments issued by the Board shall be authenticated by the signature of such Director or Officer of the Board as may be authorised by the Board in this behalf.
(1) The Board shall hold ordinary meetings at such intervals as may be provided in the regulations and a meeting may be convened by the Managing Director at any other time for the transaction of urgent business.
(2) The number of Directors necessary to constitute a quorum at a meeting and the procedure to be followed thereat shall be such as may be provided in the regulations.
(1) The Board may appoint a Chief Engineer, Public Health Engineer, and such other officers and employees as may be required to enable the Board to carry out its functions under this Act:
Provided that the appointment of the Chief Engineer, and the public Health Engineer shall be made in consultation with the Government.
(2) The Board may, subject to such conditions as may be prescribed by regulations from time to time, appoint qualified persons to be as consultants to the Board and pay them such remuneration as it may think proper.
(1) It shall be the duty of the Board to provide for:-
(a) the supply of potable water, including planning, design, construction, maintenance, operation and management of water supply system; and
(b) sewerage, sewage disposal and sewage treatment works including planning, design, construction, maintenance, operation and management of all sewerage and sewage treatment works in the Hyderabad Metropolitian area.
(2) For the efficient discharge of the duties entrusted to it, the Board shall exercise such powers and perform such functions as are conferred or imposed by or under this Act:
Provided that no scheme, the estimated cost of which exceeds rupees ten crores, shall be carried out by the Board except with the previous approval of the Government.<
For carrying on its operations under this Act the Board shall levy rates, fees, tariffs, rentals, deposits, contributions and other charges, and may vary such rates, fees, tariffs, rentals, deposits, contributions and other charges from time to time in order to provide sufficient revenues,--
(a) to cover operating expenses, taxes and interest payments and to provide for adequate maintenance and depreciation;
(b) to meet repayments of loans and other borrowings;
(c) to finance normal year to year improvements;
(d) to provide for further capital works as are necessary from time to time; and
(e) to provide for the cost of such other purposes beneficial to the promotion of water supply and construction of s
(1) In February of each year, the Board shall submit to the Government a statement, in the form prescribed by regulations, of the estimated capital and revenue receipts and expenditure for the ensuing year.
(2) The said statement shall include a statement of the salaries and allowances of Directors, Officers and employees of the Board and of such other particulars as may be prescribed by rules.
(3) The Board may, at any time during the year in respect of which a statement under Sub-section (1) has been submitted, submit to the Government a supplementary statement, and all the provisions of this Section shall apply to such statement as they apply to the statement under the said Sub-section.
(1) Except where in the opinion of the Board, circumstances of extreme urgency have arisen, no sum exceeding five lakhs of rupees on account of recurring expenditure or exceeding ten lakhs of rupees on account of non-recurring expenditure shall be expended by the Board in any year of account unless such sum has been included in a statement submitted under Sub-section (1) or Sub-section (3) of Section 9.
(2) Where any such sum is expended under circumstances of extreme urgency, a report thereon indicating the source from which it is proposed to meet the expenditure shall be made as soon as practicable to the Government.
(1) The Government may, make subventions to the Board for the purpose of this Act, on such terms and conditions as the Government may determine.
(2) The Government may, from time to time, advance loans to the Board for the purpose of this Act on such terms and conditions as the Government may determine.
(1) The Board may, from time to time, with the previous sanction of the Government and subject to the provisions of this Act, and to such conditions as may be prescribed by rules made in this behalf, borrow any sum required for the purposes of this Act.
(2) The Government may, by rules made for the purposes of this Section, empower the Board to borrow by the issue or bonds of stocks or otherwise and to make arrangements with bankers.
(3) The maximum amount which the Board may at any time raise as loan under Sub-section (1) shall be ten crores of rupees, unless the Government, by notification, fix a higher maximum amount.
(4) Stock issued by the Board under this Section, shall be issued, transferred, dealt with and redeemed in such manner as may be prescribed by rules.
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The Government may guarantee in such manner as they think fit the payment of the principal and interest of any loan proposed to be raised by the Board or of either the principal or the interest.
(1) The Board shall every year provide out of its revenues, depreciation in respect of each depreciable asset specified in column (1) of the First Schedule, so that the depreciation provided in respect of such asset over the period specified in column (2) accumulates to ninety percent of the original cost of acquisition of the asset, either;
(a) in equal annual instalments in respect of each such asset; or
(b) at a fixed annual percentage of the original cost of acquisition during the year of acquisition and of the depreciated value of the asset as at the end of the previous financial years during each subsequent year.
(2) If any asset is sold, discarded, demolished or destroyed during the year;
(a) the excess, if any, of the written down value of
The Board shall create a reserve for improvement works and shall, at the end of every year, credit to such reserve from its revenues, such percentage of the balance remaining after meeting its operating, maintenance and management expenses and after adequate provision is made for depreciation, taxes, interest and amortization payments on loans and other borrowings as the Board may determine taking into consideration the improvement works which the Board will have to execute in order to provide adequate water supply and sewage treatment works in the Hyderabad Metropolitan area.
(1) The Board shall cause proper accounts and other records in relation there to be kept, including the proper system of internal check and prepare an annual statement of accounts, including the income and expenditure account and the balance sheet in such form as may be prescribed by regulations.
(2) The accounts of the Board shall be audited by such person as may be appointed by the Government and any expenditure incurred in connection with such audit shall be payable by the Board to the Government.
(3) The person so appointed and any other person authorised by him in connection with the audit of the accounts of the Board shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor General of India has in connection with the audit of Government accounts and in particular shall have th
On and from the date of coming into force of this chapter, all public reservoirs, tanks, cisterns, fountains, wells and bore wells, pumps, pipes, taps, conduits, and other works connected with the supply of water to the Hyderabad Metropolitan area, including the head-works, reservoirs and the rising mains, and all bridges, buildings, machinery, work msterials and other things connected therewith and all land (not being private property) adjacent and appertaining to the same, vest in the Board and be subject to its control.
(1) The Board may construct, lay, or erect filtration plants, reservoirs, machinery, conduits, pipes, or other works in any place in the State for supplying the Hyderabad Metropolitan area with water, and may provide tanks, reservoirs, machinery, mains, fountains other conveniences within the Hyderabad Metropolitan area for the use of the inhabitants.
(2) The Board may cause existing water works to be maintained and supplied with water or it may close any such works and substitute other such works and may cause them to be maintained and supplied with water.
No person shall, except with the permission duly obtained from the Board or the Public Health Engineer, in charge of water supply, enter on land vested in the Board along which a conduit or pipe runs or on any premises connected with the water supply.
(1) Without the permission of the Board, the Public Health Engineer in charge of water supply or any other officer authorised by the Board in this behalf, no building, wall or other structure shall be newly erected and no street shall be laid over any water main belonging to the Board.
(2) If any building, wall or other structure be so erected or any street be so laid, the Public Health Engineer in charge of water supply or any other officer authorised by the Board in this behalf may cause the same to be removed or otherwise dealt with as he deems fit and the expenses thereby incurred shall be paid by the persons contravening the provisions of Sub-section (1).
All house connections, whether within or without the premises to which they belong, with the water supply mains shall be under the control of the Board, but shall be altered, repaired, and kept in proper order at the expense of the owner of the premises to which they belong, or for the use of which they were constructed, and in conformity with the regulations made in that behalf.
Notwithstanding any thing contained in this Act or any law, contract or other instrument, for all water supplied under this Act, payment shall be made at such rates, at such times and under such conditions as may be prescribed by regulations; and different rates may be prescribed for supply of water for different purposes and for different quantities.
(1) The Public Health Engineer in charge of water supply may, on application by the owner or occupier of any building, arrange, in accordance with the rules and regulations, to supply water thereto for domestic consumption and use.
(2) It shall not be lawful for the owner of any dwelling house which may be constructed or reconstructed after coming into force of this Act to demand water supply from the Board unless he has obtained a certificate in the prescribed manner from the Board that there is provided within or within a reasonable distance of the house such supply of wholesome water as appears to the Board to be sufficient for the domestic consumption and use of the inmates of the house.
(3) Where on any land there are two or more superstructures, and the owner of the land is not the owner of all the superstructures, the Board may,
The supply of water for domestic purposes under this Act shall not be deemed to include any supply for commercial or industrial purpose and in particular any supply :-
(a) for any trade, manufacture or business;
(b) for gardens or for purposes of irrigation;
(c) for building purposes;
(d) for fountains, swimming baths, public baths or tanks or for any ornamental or mechanical purposes;
(e) for animals, where they are kept for sale or hire or for the sale of their produce or any preparation therefrom;
(f) for the consumption and use by the inmates, in hotels, commercial boarding houses and residential clubs;
(g) for
No person shall use or allow to be used for other than domestic purposes water supplied for domestic purposes.
(1) The Chief Engineer may supply water, for any purpose other than a domestic purpose, on such terms and conditions consistent with this Act and the regulations made thereunder on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed.
(2) On the sanction of the application under Sub-section (1), the Chief Engineer may, subject to such changes and rates as may be fixed by the regulations, lay or allow to be laid the necessary pipes and water fittings of such dimensions and descriptions as may be prescribed by the regulations and may arrange for the supply of water through such pipes and fittings.
The Board may, by agreement, supply water in bulk to the Government including the Central Government, the Corporation or any other local authority or any other public or private undertaking on such terms as to payment and as to the period and the conditions of supply as may be agreed upon between the Board and such authority.
The Board may provide free of charges gratuitous supply of wholesome water to the public within the city of Hyderabad or the city of Secundrabad and may, for that purpose, erect public stand posts or other conveniences.
(1) Notwithstanding anything contained in the Hyderabad Municipal Corporations Act, 1955 (Act 2 of 1956) or any other law for the time being in force, the Board may lay a main whether within or without the local limits of the Hyderabad Metropolitan area-
(a) in any street or any land vested in the Government, the Corporation or any other local authority or any Government Company or Corporation owned or controlled by the Government;
(b) with the consent of every owner or occupier of any land not forming part of a street, in, over or on that land, and may, from time to time, inspect, repair, alter or renew or may, at any time, remove any main, whether laid under this Act or otherwise:
Provided that where a consent required for the purpose of this Sub-section is withheld, the Board may, after g
(1) The board may, in any street or any land referred to in Clause (a) of Sub-section (1) of Section 29, whether within or without the local limits of the Hyderabad Metropolitan area, lay such service pipes with such stopcocks and other water fittings as it may deem necessary for supply of water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service pipe laid in such street or land whether under this Act or otherwise.
(2) Where a service pipe has been lawfully laid in, over or on the land not forming part of a street or land referred to in Sub-section (1), such officers as the Board may authorise, from time to time, enter upon that land and inspect, repair, alter, renew, or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.
(1) The Public Health Engineer in charge of water supply shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire and shall keep in good order and from time to time renew every such hydrant. Every such hydrant shall be denoted by letters, marks or figures displayed prominently on some wall, building or other structure near such hydrant.
(2) As soon as any such hydrant is fixed, the Public Health Engineer in charge of water supply shall deposit a key thereof at such place where a public fire engine is kept and in such other places as he deems necessary.
(3) The Board, may, at the request and expense of the owner or occupier of any factory, workshop, trade premises or place of business, situated in or near a street in which a pipe is laid
(1) Water supply connection by the Board for any purpose including that of domestic use shall be given only at the ground level of the premises. It shall not be lawful for any owner or occupier to demand water supply connection from the service pipe at any other elevation or level.
(2) It shall not be lawful for any owner or occupier to use any devices to suck water directly or indirectly from the mains or service pipes.
(3) The owner of every premises having more than one storey and connected with water supply from the communication pipe at the ground level shall, on and after the commencement of this Act and within a period of sixty days therefrom, provide a sump and set up electrical pump or other contrivances of adequate capacity and such other arrangements as prescribed, to pump the water to the top most storey of such premises .
The Public Health Engineer in charge of water supply or any other officer authorised by him in this behalf, may permit the owner, lessee or occupier of any premises to connect the premises by means of supply pipes for conveying to the premises the supply of water for his domestic purposes from water works of the Board subject to conditions and requirements laid down in the rules made in this behalf.
(1) The Board may require the provision of a separate service pipe for each of the premises supplied or to be supplied by it with water.
(2) If in the case of any premises already supplied with water but not having a separate service pipe, the Board gives notice to the owner of the premises requiring the provision of such pipe, the owner shall, within three months, lay so much of the required pipe, as will constitute a supply pipe and is not required to be laid in a street, and the Board shall, within thirty days after the owner has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a street and make all necessary communications.
(3) If any owner to whom a notice has been given under Sub-section (2) fails to comply therewith, the Board may itself execute the work which the own
(1) On every service pipe laid after the date of coming into force of this chapter, the Board shall, and on every service pipe laid before such date, the Board may fit a stopcock enclosed in cover box or a pit of such size as may be reasonably necessary.
(2) Every stopcock fitted on a service pipe after the date of coming into force of this chapter shall be placed in such position as the Board deems most convenient:
Provided that
(a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters that premises; and
(b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.
(1) Every owner or occupier of the premises having or seeking water supply connection from the Board, shall provide at his own cost watermeter and attach the same to the service pipe.
(2) The installation, use, maintenance and testing of meters and disconnection of water supply shall be regulated by bye-laws made in this behalf.
When water is supplied in accordance with the provisions of this Act through a meter, it shall be presumed that the quantity indicated by the meter has been consumed until the contrary is proved.
(1) Every owner or occupier of the premises shall maintain his pipe connections and the meter in proper working order and efficient condition so as to prevent water from running to waste.
(2) No person shall wilfully or negligently cause or suffer any water fitting which he is liable to maintain
(a) to be or remain so out of order or so in need of repair; or
(b) to be or remain so constructed or adopted or to be so used, that the water supplied to him by the Board is or is likely to be wasted, misused or unduly consumed or contaminated before use, of that foul air or any impure matter is likely to return into any pipe belonging to or connected with a pipe belonging to the Board.
(3) If any water fitting which any person is liable to maintain is in
The Public Health Engineer incharge of water supply or any other officer authorised by the Board may, between sunrise and sunset, enter any premises supplied with water by the Board in order to examine if there is any waste or misuse of such water and the Public Health Engineer in charge of water supply or such other officer shall not be refused entry into the premises, nor shall be obstructed by any person in making his examination.
The Board may test any water fitting used in connection with water supplied by the Board.
(1) No water pipe shall be laid in a drain or on the surface of an open channel or house gully or within six meters of a cesspool or in any position where the pipe is likely to be damaged or the water therein polluted; and except with the approval of the Board, no cistern shall be constructed within six meters of a latrine, or cesspool.
(2) No latrine pit or soak pit or cesspool shall be constructed or made within six meters of any water pipe or cistern or in any position where the pipe or cistern is likely to be damaged or the water therein polluted.
(3) The Public Health Engineer in charge of sanction shall take all precautionary measures to ensure that the sewerage and sewage do not flow into the water mains.
The Board may cut off the supply of water from any premises.--
(a) if the owner or occupier neglects to comply with any lawful order or requisition regarding water supply issued by the Board within the period specified therein:
(b) if any charges or any other sum due for water or for the cost of making connection or the hire of 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;
(c) if after receipt of a notice from the Board requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of the provisions of this Act or any rule made thereun
If any offence relating to water supply is committed under this Act, on any premises connected with the water works of the Board, the owner, the person primarily liable for the payment of the charges for water, and the occupiers of the said premises shall be jointly and severally liable for such offence.
The Board shall not be liable to any penalty or damages for cutting off the supply of water or for not supplying water in the case of unusual drought, other unavoidable cause or accident, or the necessity for re-laying or repairing pipes.
(1) The Board may place and maintain conduits and lines of mains or pipes, over, under, along or across any immovable property whether within or without the local limits of the Hyderabad Metropolitan area without acquiring the same and may at any time for the purpose of examining, repairing, altering or removing any conduits or lines of mains or pipes, enter on any property, over, under, along or across which the conduits or lines of mains or pipes have been placed:
Provided that the Board shall not acquire any right other than a right of user in the property over, under, along or across which any conduit or line or mains or pipe is placed.
(2) In exercise of the powers conferred upon the Board by this Section, the Board shall cause as little damage and inconvenience as may be possible, and shall make compensation for any damages or inc
(1) If it appears to the Board that the only technically feasible alternative means of water supply to any premises is by placing or carrying any pipe over, under, along or across the immovable property of another person, it may, by order in writing, authorise the owner of the premises to place or carry such pipe, over, under, along or across such immovable property:
Provided that before making any such order the Board shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by regulations as to why the order should not be made;
Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe is placed or carried.
(2) U
(1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Board may in accordance with the provisions of this Act and of any rule or regulation made in this behalf cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by it for this purpose.
(2) The expenses incurred or likely to be incurred by the Board in the execution of any such work shall be payable by the said person and the expenses incurred by the Board in connection with the maintenance of such work shall be payable by the person or persons enjoying the amenities and conveniences rendered possible by such work.
(3) The expenses referred to in Sub-section (2) shall be recoverable from the person or persons liable therefor as an arrear of water rate paya
(1) No person other than an Engineer or a plumber licenced by the Board or an Officer authorised by the Board in this behalf shall issue a certificate for the execution of internal water supply connections of a premises.
(2) No water supply connection shall be given to the owner or occupier of a premises unless the internal water supply connection of such premises have been duly executed in accordance with the standard specifications prescribed under this Act:
Provided that, such certificate shall not be necessary in respect to trivial nature of work as provided by the regulations or as the case may be the bye-laws made in this behalf.
(3) The Board may make regulations for compliance by the licenced Engineers or Plumbers and a copy of all such regulations shall be attached to every licence g
(1) No person shall
(a) wilfully obstruct any person acting under the authority of the Board in setting out the lines of any works or pull, or remove any pillar, post or stake fixed in the ground for the purpose of setting out the lines of such work or deface or destory any works made for the same purpose; or
(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other works or apparatus belonging to the Board; or
(c) unlawfully obstruct the flow off or flush, draw off or divert, or take, water from any water works belonging to the Board or any water course by which any such water is supplied ; or
(d) obstruct any officer or other employee of the Board in the disch
(1) The Board may, with the previous approval of the Government, make regulations to carry out the purpose of this chapter.
(2) In particular and without prejudice to the generality of the foregoing provision, such regulation may provide for,
(a) the power of the Board,
(i) to stop the supply of water, whether for demestic purpose or not or for gratuitous use; and
(ii) to prohibit the sale and use of water for the purpose of business;
(b) the power of the Board to take charge of private connections;
(c) the prohibition of fraudulent and unauthorised use of water and the prohibition of tampering with meters;
(d) the
Subject to the provisions of the rules and regulations, the Board may, after previous publication make bye-laws to provide for--
(a) the connection of water supply pipes for conveying to any premises a supply of water from water works of the Board;
(b) the making and renewing of connections with such water works:
(c) the power of the Board to alter the positions of connections;
(d) the equitable distribution of water supplied to occupiers;
(e) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any water works of the Board and the stamping of pipes and fittings and fees for such stamping;
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Whoever,-
(a) contravenes any of the provisions of this Act, mentioned in the first column of the Second Schedule; or
(b) fails to comply with any order or direction law fully given to him or any requisition lawfully made upon him under any of the said provisions, shall be an offence punishable.
(i) in the case of the first offence with the fine which may extend to the amount specified in that behalf in the third column of the said Schedule or with simple imprisonment for a term which may extend to one month or with both and in the case of second or subsequent offence with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees or with simple imprisonment for a term which shall not be less than one month but which may extend to two months or with bot
(1) On and from the date of commencement of this chapter, all public sewers and other sewers and sewerage disposal works, and other sewerage works, materials and things appertaining thereto within or outside the Hyderabad Metropolitan area, shall vest in the Board and be subject to its control.
(2) All the public and other sewers which are vested in the Board are hereafter in this Act referred to as Board sewers.
(3) For the purpose of enlarging, deepening or other repairing or maintaining any such sewer or sewerage disposal work, so much of the subsoil appertaining thereto as may be necessary for the said purposes shall be deemed to vest in the Board.
(4) All sewers and ventilation-shafts, pipes and all appliances and fittings connected with the sewerage works constructed, erected or set-up w
Save as otherwise provided in the Water (Prevention and Control of Pollution) Act, 1974, relating to discharge and disposal of industrial effluents and other objectionable effluents, no person shall throw empty, or turn into any Board sewers, referred to in Section 53,--
(a) any matter likely to damage or interfere with the free maintenance or execution or otherwise to effect prejudicially the progress of work; or
(b) any roof water pipe; or
(c) any chemical, refuse or waste effluents water or steam or any other industrial from any type of industry, trade and business which may cause danger or nuisance or may be prejudicial to the health; or
(d) any dangerous Petroleum Products.
Explanation :- In this S
Every occupier of both domestic and non-domestic premises shall pay to the Board at the rate not exceeding thirty five percent of the bill charging for the water consumed or at such rate as may be prescribed by rules, to defray the capital cost of sewerage and sewage treatment works undertaken by the Board and the operation and maintenance of the sewerage system from time to time;
Provided that no such charges shall be levied in any premises situated in the areas which are not served by the sewerage system of the Board.
(1) Notwithstanding anything contained in the Hyderabad Municipal Corporations Act, 1955, the Andhra Pradesh Municipalities Act, 1965 or any other law for the time being in force the Board may lay sewer or construct sewerage treatment work where within or without the local limits of the Hyderabad Municipal area:-
(a) in any street or any land vested in the Government the Corporation or any other local authority or any Government Company or Corporation owned or controlled by the Government;
(b) with the consent of owner or occupier of any land not forming a part of street, in, over, or on that land and may from time to time, inspect, repair or alter or renew or may at any time remove any sewer or sewerage treatment works, were laid under this Act or otherwise:
Provided that where a consent re
(1) The Board may, in any street or any land referred to in Clause (a) of sub-section (1) of Section 56, whether within or without the local limits of the Hyderabad Metropolitan area, lay such service pipes for the sewage and sewerage treatment works, with such other fittings as it may deem necessary for carrying of sewerage and disposal of sewage and may from time to time, inspect, repair, alter or renew and may at any time remove any service pipes laid in such street, or land, laid under this Act or otherwise.
(2) Where the service pipe has been lawfully laid in, over or on the land not forming part of street or land referred to in sub-section (1), such officers as the Board may authorise from time to time enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof, but shall pay compensation for any damages done in the cour
(1) Subject to such conditions as may be prescribed by regulations made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within the Hyderabad Metropolitan area shall apply to the Board and obtain sanction to have his drain made to communicate with the Board sewers and thereby discharge foul water and sullage water from the premises of private drain
Provided that nothing in this sub-section shall entitle any person to discharge directly or indirectly into any Board sewer,-
(a) any effluent from any trade, business or industrial premises except in accordance with the regulations made in this behalf: or
(b) any liquid or other matter the discharge of which into Board sewers is prohibited by or under this Act or any other law.
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(1) Where any premises are, in the opinion of the Board, without sufficient means of effectual drainage and a Board sewer or some place approved by the Board for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty-five meters from any part of the said premises, it may, by written notices, require the owner of the said premises:-
(a) to make a drain emptying into such Board sewer or place;
(b) to construct a closed cesspool or soakage pit and fittings as may appear to the Board necessary for the purpose of gethering and receiving the filth and other polluted and obnoxious matter from and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith:
(c) to remove any existing d
(1)In areas in which Board sewers are provided, it shall be not be lawful to erect or to re-erect any premises or to occupy any such premises unless,
(a) a sewer be constructed of such size, materials and descriptions, at such level and with such fall as shall appear to the Board to be necessary for the effectual sewerage of such premises.
(b) there have been provided and set upon such premises such applicances and fittings as may appear to the Board to be necessary for the purpose of gathering or receiving the filth and any other polluted and obnoxious matter from and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.
(2) The sewer so constructed shall empty into a Board sewer.
(1) If it appears to the Board that any group or block of premises may be drained more economically or advantageously in combination than separately and a Board sewer of sufficient size already exists or is, about to be construed within thirty-five meters of any part of that group or block of premises, the Board may cause that group or block of premises to be drained by a combined operation.
(2) The expenses incurred in carrying out any work under Sub-section (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportion as the Board may determine and shall be recoverable from them as an arrear of water rate payable under this Act.
(3) Not less than fifteen days before any such work is commenced, the Board shall give to each such owner
(a) a w
Where a sewer connecting any premises with a Board sewer is sufficient for the effectual drainage of such premises and is otherwise unobjectionable but is not, in the opinion of the Board adopted to the general system of sewerage in the Hyderabad Metropolitan area, it may, by written notice addressed to the owner or occupier of the premises direct,
(a) that such sewer be closed, discontinued or destroyed and that any work necessary for that purpose be done; or
(b) that such sewer shall, from such date as may be specified in the notice, be used for filth and polluted water only or for rain water and unpolluted sub-soil water only:
Provided that -
(i) no sewer may be closed, discontinued or destroyed by the Board under Clause (a) except on conditio
(1) Where the Board either on receipt of an application from the owner of any premises or otherwise, is of the opinion that the only technically feasible alternative means of effectual drainage of the premises into a Board Sewer is through a drain belonging to another person, the Board may by notice in writing require the owner of such drain to show cause within a period specified in the notice as to why an order under this Section should not be made.
(2) Where no cause is shown in the specified period or the cause shown appears to the Board to be invalid or insufficient, the Board may, by order in writing, either authorise the owner of the premises to use the drain or declare him to be a joint owner thereof.
(3) An order made under Sub-section (2) may contain direction as to:-
(a) the paymen
Whenever it is provided in this chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Board to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water unpolluted sub-soil water each emptying into separate Board sewer or Corporation drain or other suitable places.
The Board may cause any or all the Board sewers to empty into, and all sewage to be disposed of at such place or places either within or out-side Hyderabad Metropolitan area or in any place in the State as it considers suitable.
Provided that no place which has not been before the commencement of this chapter used for any of the purposes specified in this Section shall, after such commencement, be used therefor without the approval of the Board:
Provided further that on and after such date as may be appointed by the Board in this behalf, no sewage shall be discharged into any water-course until it has been treated in such manner as may be prescribed in the bye laws made in this behalf.
No person or any local authority as the case may be, shall for any purpose whatsoever, at any time make or cause to be made any connection or communication with the sewage or sewage treatment works referred to in Section 53 except with the written permission of the Board or an officer authorised by it in this behalf and subject to such terms and conditions as may be prescribed therefor.
(1) Without prior written permission of the Board or an officer authorised in this behalf no private street, shall be constructed and no building, wall, fence or other structure shall be erected over, along, under or across the sewerage works and sewage treatment works belonging to the Board.
(2) If any private street be constructed or any building, wall, fence other structure be erected over the works mentioned in Sub-section (1) without the permission, the Board may remove or otherwise deal with the same as it deems fit and the expenses thereby incurred shall be paid by the persons contravening the provisions of Sub-section (1) and recoverable in the same manner as an arrears of water charges under this Act.
(3) The provisions of this Section shall apply equally to the Municipal Corporation of Hyderabad or the other local authority as
(1) The Board may place or maintain or construct sewage lines and sewage treatment works referred to in Section 53 over, under, along or across any immovable property whether within or without the local limits of the Hyderabad Metropolitan area, without acquiring the same and may at any time for the purpose of examining, repairing, altering, remodelling or removing any sewerage and sewage treatment works enter on any property over, under, along or across which the sewer has been laid:
Provided that the Board shall not acquire any right other than a right of user in the property over, under, along or across which any sewage or sewage treatment works is laid.
(2) In exercise of the powers conferred upon it by this Section, the Board shall cause as little damage as may be possible and shall make compensation for any damage caused by it.
(1) If it appears to the Board that during the construction the only technically feasible alternative means of sewerage of any premises is by laying any sewer over, under, along or across the immovable property of another person, the Board may, by order in writing authorise the owner of the premises to lay or carry such sewer over, under, along or across such immovable property:
Provided that before making any such order, the Board shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by regulations made in this behalf as to why the order should not be made:
Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which, any such work or line is laid.
(1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Board may, in accordance with the provisions of this Act and of any regulations made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by it for this purpose.
(2) The expenses incurred or likely to be incurred by the Board in the execution of any such work shall be payable by the said person and the expenses incurred by the Board in connection with the maintenance of such work shall be payable by the person or persons enjoying such amenities and conveniences rendered possible by such work.
(3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable thereof as an arrears of water charges payab
For the purpose of ventilating any sewer or cesspool, whether vested in the Board or not, the Board may, in accordance with the regulations made in this behalf, erect upon any building or to any tree; any such shaft or pipe as may appear to it to be necessary.
(1) Where it appears to the Board that there are reasonable grounds for believing that a private sewer or cesspool is in such condition as to be prejudicial to health or a nuisance or that a private sewer communicating directly or indirectly with a Board sewer is so defective as to admit sub-soil water, it may examine its condition and for that purpose may apply for any test; other than a test by water under pressure, and if it deems it necessary, open the ground.
(2) If on examination the sewer or cesspool is found to be in proper condition, the Board shall, as soon as possible, reinstate any ground which has been opened by it and make good the damage done by it.
(1) No person other than an Engineer or a Plumber licensed by the Board or an Officer authorised by the Board in this behalf shall issue a certificate for the execution of the work under this chapter relating to internal sewerage connections of a premises.
(2) No sewerage connection shall be given to the owner or occupier of a premises unless the internal sewerage connection of such premises has been duly executed in accordance with the standard specifications prescribed under this Act;
Provided that, such certificate shall not be necessary in respect of trivial nature of work as provided by the regulations or as the case may be the bye-laws made in this behalf.
(3) The Board may make regulations for compliance by the licenced Engineers or Plumbers and a copy of all such regulations shall be
No person shall
(a) wilfully obstruct any person acting under the authority of the Board in setting out the lines of any works or pull up or remove any pillar, post or shaft fixed in the ground for the purpose of setting out lines of such work;
(b) Wilfully or negligently break, injure, turn on, repairs;
(c) Wilfully or negligently break, injure, turn on, open, close shut off or otherwise interfere with any lock, cock, valve , pipe or other work or apparatus belonging to the Board; or
(d) unlawfully obstruct the flow off or flush, draw off, divert or take sewage from any sewage work belonging to the Board; or
(e) obstruct any officer or other employee of the Board in the discharge of his duties under thi
(1) The Board may with the previous approval of the Government, make regulations to carry out the purposes of this chapter.
(2) In making any regulation under this Section, the Board may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees and in case of continuing breach with an additional fine which may extend to hundred rupees for every day during which the breach continues after receipt of a notice from the Board to discontinue such breach.
Subject to the provisions of rules and regulations, the Board may, after previous publication make bye-laws to provide for;
(a) the nature of works in respect of which a certificate from a licenced Engineer or Plumber is necessary;
(b) the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted and obnoxious matters into sewers;
(c) the regulations in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation, cleaning and repairs of sewers, ventilation shafts, pipes, latrine pits, soak pits, urinals, cesspools and other sewerage works;
(d) the cleaning of sewers;
(e) the prohibition of erection of building st
Whoever--
(a) contravenes any of the provisions of this Act mentioned in the first column of the Third Schedule;
(b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said provisions; shall be punishable;
(i) in the case of first offence with fine which may extend to the amount specified in that behalf in the third column of the said Schedule or simple imprisonment for a term which may extend to one month or with both and in case of second or subsequent offence with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees or with simple imprisonment for a term which shall not be less than one month but which may extend to six months or with both;
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(1) The Board shall, before such date and in such form as may be prescribed by rules, submit to the Government an annual report upon such matters as may be so prescribed and the Government shall cause such report to be published in the Andhra Pradesh Gazette.
(2) Without prejudice to the provisions of Sub-section (1), the Board shall, as soon as may be, after the end of each financial year, prepare and submit to the Government in such form as may be prescribed by regulations a report giving an account of its activities during the previous financial year and the report shall also give an account of the activities, if any, which are likely to be undertaken by the Board in the next financial year; and the Government shall cause every such report to be laid before the Legislative Assembly of the State as soon as may be after it is received by the Government.
(1) The Government may, by notification make rules for carrying out all or any of the purposes of this Act.
(2) Any rule made under this Act may be made with retrospective effect and when such a rule is made, the reasons for so making the rule shall be specified in a statement to be laid before the Legislative Assembly of the State.
(3) Every rule made under this Act, shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of
The Board may, with the previous approval of the Government, make regulations, not inconsistent with this Act and the rules made thereunder, to provide for all or any of the following matters, namely:
(a) the administration of the funds and other property of the Board and the maintenance of its accounts;
(b) the summoning and holding of meetings of the Board and the times and places at which such meetings shall be held, and the conduct of business thereat and the number of Directors necessary to constitute a quorum;
(c) the duties of officers and employees of the Board and their salaries, allowances and other conditions of service;
(d) the fine which may be imposed for the breach of any bye-law, which may extend to one thousand rupees, and in case
(1) In the discharge of its functions the Board shall be guided by such direction on question of policy as may be given to it by the Government:
Provided that such direction shall be given after consultation with the Board.
(2) In the case of any difference of opinion as to what is a question of policy the decision thereon of the Government shall be final.
(1) Whenever it is provided in this Act or any rule or regulation made thereunder that licence or a written permission may be granted for any purpose, such licence or written permission shall be signed by the Public Health Engineer or by the officer empowered to grant the same under this Act or the rules or regulations made thereunder and shall specify in addition to any other matter required to be specified under any other provisions of this Act or any provision of any rule made thereunder
(a) the date of grant thereof;
(b) the purpose and the period, if any, for which it is granted;
(c) restrictions or conditions, if any subject to which it is granted;
(d) the name and the address of the person to whom it is granted; and
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The Chief Engineer, the Public Health Engineer or any officer authorised by the Board in this behalf or empowered in this behalf by or under the provisions of this Act may enter into or upon any land or building with or without assistants and workmen-
(a) for the purpose of ascertaining whether there is or has been or in connection with the land or building any contravention of the provisions of this Act or any rule or regulation made thereunder;
(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the Board or any officer authorised or empowered in this behalf to take action or execute any work under this Act or any rule or regulation made thereunder;
(c) for the purpose of taking any action or executing any work authorised or required by th
(1) The Chief Engineer, Public Health Engineer or any officer authorised in this behalf by or under any provision of this Act, may enter on any land within fifteen meters of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone, or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.
(2) The person so authorised shall, before entering on any such land state the purpose thereof and shall, if so required by the owner or occupier thereof fence off so much of the land as may be required by the owner or occupier thereof, for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this Section, do as little damage as may be and compensation shall be payable by
(1) It shall be lawful for the Chief Engineer, the Public Health Engineer, or any officer authorised in this behalf by the Board, or empowered in this behalf by or under any provision of this Act, to make any entry into any place, and to open or cause to be opened any door, gate or other barrier.
(a) if he considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner or occupier is absent or being present refuses to open such door, gate, or barrier.
(2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Chief Engineer, the Public Health Engineer, or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be ent
Save as otherwise provided in this Act or any regulation made thereunder, no entry authorised by or under this Act, shall be made except between the hours of sunrise and sunset.
Save as otherwise provided in this Act or any regulation made thereunder, no entry upon or into any land or building shall be made without the consent of the occupier, or if there is no occupier, or the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty-hours written notice of the intention to make such entry.
When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or break open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.
No person shall obstruct or molest any person authorised or empowered by or under this Act in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue of or in consequence of any of the provisions of this Act or any rule or regulation made thereunder.
Where any notice, bill, order or requisition issued or made under this Act or any rule or regulation made thereunder, requires anything to be done for the doing of which no time is fixed in this Act or the rule or the regulation made thereunder, the notice, bill, order or requisition shall specify a reasonable time for doing the same.
(a) Every licence written permission, notice, bill, summons or other document which is required by this Act or any rule or regulation made thereunder to bear the signature of the Public Health Engineer or of any officer authorised or empowered to do so shall be deemed to be properly signed if it bears a fascimile of the signature of any such officer stamped thereon.
(b) Nothing in Sub-section (1) shall be deemed to apply to a cheque or any negotiable instrument.
(1) All notices, bills, summons and other documents required by this Act or any regulation made thereunder to be served upon, or issued to, any person, shall be served or issued by such persons as may be authorised by the Board.
(2) Every notice, bill, summons, order requisition or other document required or authorised by this Act or any rule or regulation made thereunder to be served or issued on any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served-
(a) where the person to be served is a company if the document is addressed to the Secretary of the Company at its registered office or at its principal office or place of business and is either
(i) sent by registered post; or
(ii) delivered
Notwithstanding anything contained in Section 92 a bill for any charges or a notice of demand may be served by sending it by ordinary post with a pre-paid letter under a certificate of posting addressed to the appropriate person specified in Section 92 at his last known place of residence or business and in proving the service or every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.
(1) In the event of non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule or regulation made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor after giving notice in writing to such peason, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Board on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of charges payable under this Act.
(1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him, instead of the owner, any rent payable by him in respect of such property, as it falls due upto the amount recoverable from the owner under Section 94:
Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under Section 94 as an arrear of charges payable under this Act.
(2) Any amount recovered from an occupier instead of from an owner under Sub-section (1), shall, i
Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or any rule or regulation made there under, the occupier, if any, of such land or building may, with the approval of the Board, execute the said work and he shall, subject to any contract between the owner and the occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.
(1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee or of his being, as a receiver, agent or trustee, the person who would receive the rent if the property were let to a tenant, would under this Act or any rule or regulation made thereunder, be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any fact entitling a receiver, agent or trustee to relief under Sub-section (1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established his right to relief under this Section, th
(1) Any person who has been convicted of an offence against this Act or any rule or regulation made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Board resulting from the said offence as the Board may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation payable under Sub-section (1) such amount shall, on application made to him be determined by the Magistrate before whom the said person was convicted of the offence; and on non- payment of the amount of compensation so determined the same shall be recovered under a warrant from the said Magistrate as if it were a fine imposed by him on the person liable therefor.
Any sum due to the Board on account of any charge, costs, expenses, fees, rates or rent or on any other account under this Act or any rule, regulation, bye-laws or order made thereunder may without prejudice to any other mode of recovery, be recovered, from any person from whom such sum is due--
(a) as if it were an arrear of land revenue; or
(b) on application to any Judicial Magistrate, by such Magistrate as if it were a fine imposed by him.
Whenever in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision of this Act or any rule or regulation or bye-law or otherwise contravenes any of the provisions of this Act or any rule or regulation, or bye-laws, shall be punishable with the fine which may extend to one thousand rupees and in the case of a continuing failure or contravention with an additional fine which may extend to hundred rupees for every day which such failure or contravention continues after conviction for the first such failure or contravention.
(1) Where an offence under this Act has been committed by a company, every person who at the time of the offence was committed, was in-charge of and was responsible to, the company for the conduct of the business of the Company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this Sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in Sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the pa
Save as otherwise provided in this Act, no Court shall proceed with the trial of any offence made punishable by or under this Act or any rule or regulation except on the complaint of or upon information received from, the Public Health Engineer or any officer authorised by the Board by a general or special order in this behalf.
(1) The Board or any Officer of the Board authorised by it, by general or special order in this behalf, may either before or after the institution of the proceedings, compound any offence made punishable by or under this Act, in such manner may be prescribed by regulations:
Provided that no offence shall be compounded which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Board unless and until the same has been complied with so far as such compliance is possible.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.
(1) The Chief Engineer, the Public Health Engineer, or any officer authorised in this behalf by the Board or any police officer who shall be, of or equal to or higher than the status of a Sub-inspector of police may arrest any person who commits in his view any offence against this Act or against any rule or regulation made thereunder, if:-
(a) the name and address of such person be known to him; and
(b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest Magistrate, for a period longer than twenty four hours from the time of arrest exclusive of the time necessary fo
It shall be the duty of all police officers and employees of the Corporation or any Local Authority to give immediate information to the Board or officers of the Board authorised in this behalf, of the commission of, or the attempt to commit, any offence against this Act or any rule or regulation made thereunder and to assist all such officers in the exercise of their lawful authority.
No notice, order, requisition, licence, permission in writing or any other document issued under this Act or any rule or regulation shall be invalid merely by reason of any defect in form or detail.
A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of the Board shall, if duly certified by the legal keeper thereof or other person authorised by the Board in this behalf, be admissible in evidence of the existence of the document or entry and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which original document or entry would; if produced, have been admissible to prove such matters and transactions.
No officer or employee of the Board shall in any legal proceedings to which the Board is not a party, be required to produce any register or document the contents of which can be proved under Section 107 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.
The Board may, by notification, direct that any power conferred or any duty imposed on the Public Health Engineer by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or performed also by any other officer or employee of the Board specified in the notification.
(1) The Managing Director shall be the Chief Controlling Authority in respect of all matters relating to the administration of this Act and for that purpose may exercise all powers necessary in that behalf.
(2) The Chief Engineer or any other officer or officers notified by an order of the Managing Director in this behalf may also exercise any power or perform any function entrusted to him by such notification.
Any person aggrieved by any decision or order of the Public Health Engineer or other officer under this Act or any rule or regulation made thereunder may, within a period of sixty days from the date of service of such decision or order, appeal to the authority prescribed by the regulation and subject to revision by the Board, the orders of the appellate authority on such appeal shall be final.
The Board may call for the records or any proceedings of any officer subordinate to it for the purpose of satisfying itself as to the legality or propriety of any order or proceedings and may pass such order with respect thereto as it thinks it.
(1) Every officer and other employee employed with the Hyderabad Metropolitan Water Works and sewerage and sewage treatment works as the case may be, shall stand transferred to and become an officer or other employee of the Board with such designations as the Board may determine and shall hold by the same tenure, at the same remuneration the same terms and conditions of service applicable immediately before such transfer and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Board;
Provided that any service rendered by such officer or employee before such transfer shall be deemed to be service rendered under the Board.
(2) Every officer or employee of the Andhra Pradesh Public Health and Municipal Engineering service and the Andhra Pradesh Public Health and Municipal Engin
(1) All Members, officers and employees of the Board shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act or any rule or regulation made thereunder, to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988 for the time being in force.
(2) The words State Government and Government in Section 161 of the Indian Penal Code, 1860 shall for the purposes of Sub-section (1) be deemed to include the Board.
(1) No suit or prosecution shall be entertained in any court against the Board or against anyofficer or employee of the Board or against any person acting under the order or direction of the Board or any officer or employee of the Board for anything which is in good faith done or intended to be done under this Act or any rule or regulation, made thereunder.
(2) No suit, prosecution or other legal proceedings shall lie against any officer or employee of the Board for any act done or purporting to be done under this Act or any rule or regulation made thereunder without the previous sanction of the Board.
(1) No suit shall be instituted against the Board or against any officer or employee of the Board or against any person acting under the order or direction of the Board or any officer of other employee, in respect of any act done, or purporting to have been done in pursuance of this Act or any rule or regulation made thereunder until the expiration of two months after notice in writing has been left at the office of the Board, and in the case of such officer, employee or person, unless notice in writing has also been delivered to him or left at his office or place or residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered.
(2) Nothing in Sub-sect
(1) With effect from the date of which Chapter IV comes into force-
(a) any appointment, notification, order, scheme, rule, bye-law, form or notice made or issued, and any licence or permission granted immediately before the commencement of this Act insofar at it relates to the water supply undertaking shall continue in force and be deemed to have been made, issued or granted under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, scheme, rule, regulation, form or notice made or issued or any licence or permission granted under the provisions of this Act;
(b) all obligations and liabilities incurred, all contracts entered into, all matters and things engaged to be done immediately before the commencement of this Act, in connection with the water supply undertaking shall be deemed to h
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Government may, by order published in the Andhra Pradesh Gazette, make such provisions as appear to them to be necessary or expedient--
(a) for bringing the provisions of this Act into effective operation:
(b) for making ommissions from, additions to and adapations and modifications of the bye-laws, notifications and orders referred to in Clause (a) of Sub-section (2) of Section 117 for purposes of giving effect to the provisions of this Act;
(c) for removing difficulties arising in connection with the transition to the provisions of this Act, including difficulties in the construing of reference to the Corporation or other authorities in any law;
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All things done or action taken by the Chief Engineer, Hyderabad Metro Water Works in respect of water works vested in them by virtue of orders of Government issued prior to the date of commencement of this Act and by the Commissioner, Municipal Corporattion of Hyderabad in respect of sewerage and sewage treatment works vested in him, shall insofar as they are not inconsistent with the provisions thereof be deemed to have been done or taken by the Board constituted under this Act and all liabilities subsisting against the said Chief Engineer and Municipal Commissioner shall on such commencement devolve on the Board constituted under this Act.
Sections 2,3,4,5,6 and 7 of the Hyderabad Metropolitan Water Supply (Validation of Water Rates and Service Charges) Act, 1988 shall be omitted.
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