Hyderabad Metropolitan Water Supply and Sewerage Act, 1989

[Act No. 15 of 1989]*

[05th July 1989]

Preamble

An Act to make provision for Water Supply, Sewerage and Sewage Treatment in the Hyderabad Metropolitan Area and for matters connected therewith.

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fortieth Year of the Republic of India, as follow:-

Footnote:

*Received the assent of the governor on the 30th June, 1989. For Statement of Objects and Reasons, please see the Andhra Pradesh Gazette, Part-IV A. Extraordinary, dated the 11th March, 1989 at Page 84.

Section 1 - Short title, extent and commencement

(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 date as the Government may, by notification appoint and they may appoint different dates for different provisions or different chapters.

Section 2 - Definitions

(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 about on the part of the street in which the main is laid, and the service pipe enters those premises other wise than through the outer wall of a building on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies between the main and that stopcock;

(ii) in any other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid and includes the ferrule at the junction of the service pipe with the main, and also--

(A) where the communication pipe ends at a stopcock, that stopcock; and

(B) any stopcock fitted on the communication pipe between the end thereof and the main;

(e) "Government" means the State Government;

(f) "Hyderabad Metropolitan area" means the area of the Hyderabad Urban district and includes such other areas adjacent thereto as the Government may, by notification from time to time, specify;

(g) "licenced Engineer or Plumber" means a person licenced under the provisions of this Act as an Engineer or Plumber;

(h) "local authority" means,--

(i) a municipal corporation constituted under the law relating to municipal corporation for the time being in force;

(ii) a municipal council constituted under the Andhra Pradesh Municipalities Act (Act VI of 1965) 1965;

(iii) a cantonment Board constituted under the Cantonments Act (Central Act 2 of 1924) 1924;

(iv) a Mandal Praja Parishad, a Zilla Praja Parishad or a Zilla Abhivrudhi Sameeksha Mandali constituted under the Andhra Pradesh Mandala Praia Parishads, Zilla Praja Parishads and Zilla Abhivrudhi Sameeksha Mandals Act (Act 31 of 1986) 1986; and

(v) a gram panchayat or a township constituted under the Andhra Pradesh Gram Panchayats Act (Act, 2 1964) 1964;

(i) "main" means a pipe laid for the purpose of giving a general supply of water as distinct from a supply to individual consumers and includes any apparatus used in connection with such a pipe;

(j) "notification" means a notification published in the Andhra Pradesh Gazette; and the word "notified" shall be construed accordingly;

(k) "prescribed" means prescribed by rules made by the Government or the regulations made by the Board, as the case may be, under this Act;

(l) "Public Health Engineer" means an officer appointed by the Board to be the Public Health Engineer to discharge the duties of sanitation and water supply under the provisions of this Act and includes any officer placed incharge of the duties of the Public Health Engineer;

(m) "Schedule" means the Schedule appended to this Act;

(n) "service pipe" means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subjected but for the closing of some tap;

(o) "sewer" means a closed conduit for carrying off sewage, sullage, rain water, polluted water, waste water or sub-soil water;

(p) "shad" means a slight or temporary structure for shade or shelter;

(q) "State" means the State of Andhra Pradesh;

(r) "supply pipe" means so much of any service pipe as is not a communication pipe;

(s) "trade premises" means any premises used or intended to be used for carrying on any trade, industry or company;

(t) "trade refuse" means the refuse of any trade or industry;

(u) "trunk main" means a main constructed for the purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from the part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk;

(v) "Water fittings" includes pipes (other than mains), taps cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water.

(2) All words and expressions used in this Act and not defined, but defined in the Hyderabad Municipal Corporations Act, 1955, shall have the meanings respectively assigned to them in that Act.

Section 3 - Constitution and composition of the Hyderabad Metropolitan Water Supply and Sewerage Board

(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 (Central Act 1 of 1894) 1894, the Board shall be deemed to be a local authority.

(2) The Board shall consist of the following:-

(a) Chief Minister< xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />	Ex Officio Chairman;
(b) Minister for Municipal Administration.	Ex Officio Vice Chairman;
(c) Secretary to Government, Housing Municipal Administration and Urban Development Department.	Ex Officio Director;
(d) Secretary to Government, Finance Department		Ex Officio Director;
(e) Secretary to Government; Irrigation Department.		Ex Officio Director;
(f) Commissioner, Municipal Corporation of Hyderabad.		Ex Officio Director;
(g) Chairman, Andhra Pradesh State Pollution control Board.		Ex Officio Director;
(h) Director, Medical, Health and Family Welfare Services.		Ex Officio Director;
(i) A Chief Engineer of the Board; to be appointed by the Government.		Director;
(j) One Person nominated by the Government of the rank of Additional Accountant General drawn from either I.A. & A.S. or any financial institution or a Chartered Accountant with not less than twenty years of experience in the field of 'finance and accounts.		Director;
(k) One person of the I.A.S. cadre to be nominated by the Government.		Managing Director;

(3) No act done by the Board shall be caned in question on the ground only of the existence of any vacancy or any defect in the constitution of the Board.

Section 4 - Authentication of order and other instruments of the board

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.

Section 5 - Meeting of the board

(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.

Section 6 - Appointment of the staff

(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 if think proper.

Section 7 - General duties of the Board

(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 Metropolitan 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.

Section 8 - General principles of Board's Finances

For carrying on its operations under this Act the Board shall levy rates, fees, tariffs, rentals...