Chapter IV FUNCTIONS AND POWERS OF CORPORATION

The functions of the Corporation shall be,- (a) supply of water for domestic, industrial and commercial purposes including planning, design, construction, maintenance, operation and management of any water supply system including maintenance of drinking water tanks; (b) establishing and maintaining schemes incidental to water supply such as testing of water, designing of plant for purification of water, and conducting research relating to water supply; (c) sewerage, sewage disposal and sewage treatment works including planning, design, construction, maintenance, operation and management of sewerage and sewage treatment works; (d) planning, design, construction maintenance, operation and management of all sanitation and public health works, schemes and projects including afforestation protection, of environment and promotion of ecological aspects, safe handling of drinking water, waste water disposal, garbage disposal, cleanliness and personal hygiene; (e) planning, design, construction, maintenance, operation and management of minor irrigation tanks having ayacut of less than 100 acres, including watershed management, and storage and management of rainwater; (f) planning, design, construction, maintenance, operation and management of any infrastructure facility within the meaning of section 80 IA of the Income Tax Act, 1961(Central Act 43 of 1961), as amended from time to time; (g) planning, design, construction, maintenance, operation and management of schemes or projects in relation to the matters listed in the eleventh and twelfth schedules of the Constitution of India; (h) planning, design, construction, maintenance, operation and management of schemes or projects for developing Inland Waterways and Inland Transportation; (i) procurement and servicing of Government Loans, Open Market Borrowings, loans borrowed from Banks, Financial Institutions, Insurance Companies, and other Institutions, for the purposes of clauses (a) to (h) above, either on behalf of Government or Local Authorities; (j) entering into contracts in respect of the works and any other matters transferred to the Corporation along with the assets and liabilities under this Act; (k) inviting tenders, bids, offers and enter into contracts for the purposes of all the activities of the Corporation; (l) promoting participation of any person or body or association of individuals whether incorporated or not, in planning, investigation, designing, construction and management of water supply, sewerage, sanitation projects and schemes, other projects and schemes in relation to matters listed in the eleventh and twelfth schedules of the Constitution of India, projects and schemes falling under the definition of infrastructure facility under section 80 IA of the Income Tax Act, 1961 (Central Act 43 of 1961) or any other project or scheme as may be entrusted by the Government from time to time; (m) undertaking schemes or works, jointly with other corporate bodies, or institutions or with Government or Local Authorities or on agency basis in furtherance of the purposes for which the Corporation is established and all matters connected therewith; (n) preparing annual plan and five year working development plan; (o) preparing annual budget; (p) taking all such steps as may be necessary or convenient for, or may be incidental to the exercise of any power or the discharge of any function conferred, imposed on it by this Act; and (q) undertaking any other activities entrusted by the Government in furtherance of the objectives for which the Corporation is established. (1) Service of a notice, order or other document shall be effected— (a) by giving or tendering it to the person to whom it is addressed; or (b) if such person is not found, by leaving it at his last known place of abode or business or by giving or tendering it to some adult member or servant of his family or in case of a proprietary concern to the proprietor of such concern, or in case of a partnership firm, to any of the partners or in case of a Hindu Undivided Family to the manager or any adult member of such family, or in case of a company or body corporate, to any director, secretary or other principal officer of such company or body, or by causing the same to be fixed on some conspicuous part of the building or land, if any, to which the same relates: Provided that, if the person to be served has an agent authorised in this behalf, the service of the document on such agent shall be deemed to be service on the person to be served; (c) where the person to be served is a firm and has furnished to the Corporation a statement of the names of the partners of the firm, be served on any partner; (d) any of the addresses of the person to be served provided in the registration records of the Corporation or by the name and style under which its business is carried on, and is either,- (i) sent under a certificate of posting or by registered post; or (ii) left at the said place of business; (c) where the person to be served is a statutory public body or a Corporation or a society or other body, if the document is addressed to the Secretary, Treasurer or other Principal Officer of that body, Corporation or society at its principal office, and is either,- (i) sent under certificates of posting or by registered post; or (ii) left at that office; (d) in any other case, if the document is addressed to the person to be served and,- (i) is given or tendered to him; or (ii) if such person cannot be found, is affixed or some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates; or (iii) is sent under a certificate of posting or by registered post to that person. (2) Any document which is required or authorised to be served on the ‘owner’ or ‘occupier’ of any land or building may be addressed to the ‘owner or the occupier’ as the case may be of that land or building (naming that land or building), name or description, and shall be deemed to be duly served,- (a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or (b) if the document so addressed or a copy thereof so addressed is given or tendered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed on some conspicuous part of the land or building. (3) Where a document is served on the firm in accordance with this section, the document shall be deemed to be served on each partner. (4) For the purpose of enabling any document to be served on the owner of any property, the occupier if any of the property may be required by notice in writing by the Government or the Corporation, as the case may be, to state the name and address of the owner thereof.

(1) The Corporation shall have the power to accord administrative approval, revised administrative approval, technical sanction, acceptance of all tenders, sanctioning, budget and making financial provisions, settling disputes arising out of contracts and any other things which may be necessary or expedient for the purposes of carrying out its functions under this Act. (2) without prejudice to the generality of the foregoing provision such power shall include the power,- (a) to acquire and hold property, both movable and immovable as the Corporation may deem necessary for the performance of any of its functions, duties, and activities and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by the Corporation; (b) to construct or cause to be constructed such facilities within the scope of its functions, and such other works and structure as may be required; (c) to take measures to prevent pollution of any water under its control and to take all measures deemed necessary to prevent discharges into such water of effluents which are harmful to water supply, or public health; (d) to assist the water users associations and any other societies or organisations formed under any other law for the time being in force for the better use of facilities made available by the Corporation; (e) to engage suitable consultants or persons having special knowledge or skill to assist the Corporation in the performances of its functions; and (f) to do all such other things and perform such other acts as may be necessary for or incidental or conducive to any matters which are necessary for furtherance of the objectives for which the Corporation is established.

The Corporation shall, from time to time, determine and levy charges for the facilities provided and services rendered for any purpose to the Government, Local Authorities, Government agencies, associations, societies, organisations or any other users or consumers: Provided that, the levy of such charges shall be such that the charges so recovered shall be sufficient at least to cover the interest charges of the loans raised by the Corporation from the open market.

The Corporation shall pay the interest on the borrowed money through the recovery of charges levied and collected under section 19 of this Act.

No person shall construct, operate or maintain within the area of operation of any project or work or scheme vested in or entrusted to the Corporation any facility for the extraction of surface water, without the prior approval of the Corporation: Provided that the Government or a Local Authority may, construct and operate such facility, or assign or hand over such facility to the Corporation.

The Corporation shall keep Co-ordination with the Government, Local Authorities and Statutory Bodies with a view to minimising inconvenience likely to be caused by the Corporation’s projects, works and schemes.

All or any of the functions that may be carried out or all or any of the powers that may be exercised by the Government or any authority or officer under any law for the time being in force or the rules framed thereunder, in respect of any project or work or scheme vested in or entrusted to the Corporation may be carried out or exercised by the Corporation or any officer of the Corporation duly authorised in this behalf by the Corporation respectively.

The Government may issue to the Corporation such general or special directions as to policy or exercise of the powers or performance of the functions by the Corporation, as it may think necessary or expedient for carrying out the purposes of this Act and the Corporation be bound to follow and act upon such directions.

Save as otherwise expressly provided herein, section 17 to 52 in chapter V and sections 53 to 77 in chapter VI of the Hyderabad Metropolitan Water Supply and Sewerage Act, 1989(Act 15 of 1989) are hereby extended to and apply mutatis and mutandis to the Corporation established under this Act, in relation to the properties and assets of the Corporation and all references in the said sections of the said Act to “Board” shall be read and construed as references to “Corporation” in so far as such properties and assets are concerned.