Chapter V SEWERAGE AND SEWAGE TREATMENT WORKS

(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 purposes of enlarging, deepening or otherwise 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 whether,- (a) before or after the commencement of this Act; and (b) for the use of the owner or occupier of such premises or not, shall vest in the Board. (5) All sewerage house connections, including those of owners or occupiers of domestic, commercial, industrial, trade or business whether within or without the premises to which they belong, with the Board sewers shall be under the control of the Board, but shall be altered, repaired and kept in proper, order at the expense of the owner or occupier to which they belong, or for the use of which they were constructed and in conformity with the regulations made in that behalf.

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 water or steam or any other industrial effluent 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 or petroleum products. Explanation: In this section the expression “dangerous petroleum” has the same meaning as assigned to it in the Petroleum Act, 1934.

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 Greater Hyderabad Municipal Corporation Act, 1955 the Telangana 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 (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 required for the purpose of this sub-section is with-held the Board may after giving the owner or occupier of the land a written notice of its intention so as to lay such works in, over or on that land even without such consent. (2) Where the Board in exercise of the power under this section, lays a sewer or construct a sewerage treatment works in, over or on any land not forming part of a street or land referred to in clause (a) of sub-section (1) or inspects, repairs, alters, renews or removes such works so laid in, over or on any such land, it shall pay compensation to every person interested in that land for any damage done to or injurious affect of that land, by the reason of such works inspection, repairs, alters, renewal or removal there of.

(1) The Board may, in any street or any land referred to in clause (a) of sub-section (1) of section 56, where 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 pipe laid in such street or land, laid under this Act or other-wise. (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 course of such action.

(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. (2) Any person desirous of connecting his private drain, with the Board sewer under sub-section (1) shall give to the Board notice of his proposals, and at any time within one month after receipt thereof, the Board may by notice to him refuse to permit the communication to be made, if it appears to it that the mode of construction or condition of the sewer is such that the making of the communication would be prejudicial to the sewerage system and for the purpose of examining the mode of construction and condition of the sewer it may, if necessary, require it to be laid open for inspection. (3) The Board may, if it thinks fit, construct such part of the work necessary for connecting a private drain with a Board sewer as is in or under a public street and in such a case, the expenses incurred by the Board shall be paid by the owner or occupier of the premises, or as the case may be the owner of the private drain and shall be recoverable from the owner or occupier as an arrear of water rate payable under this Act.

(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 gathering and receiving the filth and other polluted and obnoxious matter from and conveying the same off, the said premises effectually flushing such drain and every fixture connected therewith; (c) to remove any existing drain or other appliances or things used or intended to be used for sewerage work; (d) to provide a closed drain in substitution of open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing which is or is likely to be injurious to health. (e) to provide and set up all such appliances and fittings as may appear to the Board to be necessary for the purpose of gathering and receiving the waste water from floors and gallories of buildings when they are washed, and conveying the same through spouts by downtake pipes as to prevent such waste water from discharging directly on streets or inside any lower portion of the premises; (f) to carry out any work to improve or remodel an existing drain which is inadequate, insufficient or faulty. (2) Where in any case not provided for in sub-section (1) any premises are, in the opinion of the Board, without sufficient means of effectual drainage, it may, by written notice, require the owner of the premises; (a) to construct a drain upto a point to be prescribed in such notice but not at a distance of more than thirty-five meters from any part of the premises; or (b) to construct a closed cesspool, or soakage pit and drain or drains emptying into such cesspool or soakage pit. (3) Any requisition for the construction of any drain under sub-section (2) may contain any of the details specified in sub-section (1).

(1) In areas in which Board sewers are provided, it shall 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 appliances 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. (3) The provisions of this section shall be applicable to premises any part of which is situated within a distance of thirty-five meters from 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 constructed 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 written notice of the nature of the proposed work; and (b) an estimate of the expenses to be incurred in respect thereof and of the proportion of such expenses payable by him. (4) The Board may require the owners of such group or block of premises to maintain the work executed under this section.

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 condition of its providing another drain equally effectual for the drainage of the premises except rain water and communicating with any Board sewer which it thinks fit; and (ii) the expenses of the construction of any drain so provided by the Board and of any work done under clause (a) shall be borne by the Board.

(1) Where the Board of 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 a 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 within 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 payment of rent or compensation by the owner of the premises; (b) the construction of a drain for the premises for the purpose of connecting it with the aforesaid drain; (c) the entry upon the land in which the aforesaid drain is situated with assistants and workmen at all reasonable hours for inspection; (d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.

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 outside 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 purpose 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 sewerage 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 or other structure be errected 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 the case may be, as they apply in relation to any other person.

(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 sewerage or sewage treatment works is laid.

(2) In the 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.

(2) Upon the making of an order under sub-section (1) the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of laying a sewer over, under, along or across such immovable property or for the purpose of repairing the same.

(3) In laying a sewer under this section as little damage as possible shall be done to the immovable property and the owner of the premises shall,-

(a) cause the sewer to be laid with least practicable delay;

(b) fill in, reinstate and make good at his own cost and with the least practicable delay, any land opened, broken up or removed for the purpose of laying such sewer; and

(c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the laying of such sewer.

(4) If the owner of the immovable property over, under, along or across which a sewer has been laid under this section whilst such immovable property was not built upon, desires to erect any building on such property, the Board shall, by notice in writing require the owner of the premises to close, remove or divert the sewer in such manner as shall be approved by it and to fill in, reinstate and make good the immovable property as if the sewer had not been laid over, under, along or across the same:

Provided that no such requistion shall be made unless in the opinion of the Board it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the sewer should be closed, removed or diverted.

(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 payable under this Act.

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 premises or affix to the outside of 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 necessary, open the ground.

(2) If on examination the sewer or cesspool is found to be improper 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 licenced 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 permises.

(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 attached to every licence granted to an Engineer or a Plumber by the Board.

(4) The Board may, from time to time, prescribe the charges to be paid to the licenced Engineer or Plumber.

(5) If any person contravenes the provisions of this section, his licence shall be suspended or cancelled in addition to the prosecution under this Act.

No person shall,-

(a) wilfully obstruct any person acting under the authority of the Board in setting out the lines of any works or pullup 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;

(d) unlawfully obstruct the flow of or flush, draw off, divert or take sewege 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 this chapter or refuse or

(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, alternation, 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 structures over sewers without the permission of the Board;

(f) the connection of private drains with Board sewers;

(g) the location and construction of cesspools; latrine pits and soak pits etc;

(h) the covering and ventilation of cesspools, latrine pits and soak pits etc;

(i) the period or periods of the day during which trade effluent may be discharged from any trade premises into Board sewers;

(j) the exclusion from trade effluent of all condensing matter;

(k) the elimination from trade effluent before it enters a Board sewer, of any constituent which in the opinion of the Board would, either alone or in combination with any matter with which it is likely to come into contact while passing through Board sewers, injure or obstruct those sewers or make specially difficult or expensive the treatment or disposal of the sewage from those sewers;

(l) the maximum quantity of trade effluent which may, without any consent or permission, be discharged from any trade premises into Board sewers on anyone day and the highest rate at which trade effluent may, without such consent or permission, be discharged from any trade premises into Board sewers;

(m) the regulation of the temperature of trade effluent at the time of its discharge into Board sewers and the securing of the neutrality of trade effluent (that is to say, that it is neither acidic nor alkaline) at the time of such discharge;

(n) the provision and maintenance of such an inspection chamber or manhole as will enable a person readily to take at any time samples of what is passing into Board sewers from trade premises; and

(o) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into Board sewers, and the testing of such meters.

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 colunm of the said Schedule or with 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;

(ii) in the case of continuing contravention of failure with a daily fine which may extend to the amount specified in the fourth column of the said Schedule for every day during which such contravention or failure continues after conviction for the first such contravention or failure.