The Hyderabad Metropolitan Water Supply and Sewerage Act, 1989
Chapter VI MISCELLANEOUS.
Chapter VI MISCELLANEOUS.
78. Annual reports, statistics and returns
(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 Telangana 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 Govrenment in such form as may be prescribed by regulations a report giving an account of its activities during the previous financiaI 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 Legislature of the State as soon as may be after it is received by the Government.
(3) The Board shall furnish to the Government at such times and in such form and manner as the Government may direct, such statistics and returns, and such particulars in regard to any proposed or existing scheme, as the Government may, from time to time require.
Chapter VI MISCELLANEOUS.
79. Power to make rules
(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 Legislature of the State.
(3) Every rule made under this Act, shall immediately after it is made, be laid before the Legislature 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 Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Chapter VI MISCELLANEOUS.
80. Power of Board to make regulations
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 of continuing breach with the additional fine which may extend to one hundred rupees for every day, during which the breach continues after receipt of a notice from the Board to discontinue the breach;
(e) the procedure to be followed by the Board in inviting, considering and accepting tenders; and
(f) any other matter arising out of the Board's functions under this Act, in which it is necessary or expedient to make regulations.
Chapter VI MISCELLANEOUS.
81. Directions by the Government
(1) In the discharge of its functions, the Board shall be guided by such directions on questions 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.
Chapter VI MISCELLANEOUS.
82. Licence and written permission
(1) Whenever it is provided in this Act or any rule or regulation made thereunder that a 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
(e) the fee, if any, paid for the licence or written permission.
(2) Except as otherwise provided in this Act or any rule or regulation made thereunder, for every such licence or written permission, a fee may be charged at such rate as may, from time to time, be fixed by the Board and such fees shall be payable by the person to whom the licence or written permission is granted.
(3) Save as otherwise provided in this Act or any rule or regulation made thereunder any licence or written permission granted under this Act or any rule or regulation made thereunder may at any time be suspended or revoked by the Board or by the Officer by whom it was granted, if it or he is satisfied that it has been secured by the grantee through misrepresentation or fraud or if any of its restrictions or conditions, has been infringed or evaded by the grantee or if the grantee has convicted for the contravention of any of the provisions of this Act or any rules or regulations made thereunder relating to any matter for which the licence or permission has been granted:
Provided that-
(a) before making any order of suspension or revocation, reasonable opportunity shall be afforded to the grantee of the licence or the written permission to show cause why it should not be suspended or revoked;
Chapter VI MISCELLANEOUS.
83. Power of entry and inspection.
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 this Act or any rule or regulation made thereunder;
(d) to make any inquiry, inspection, examination, measurement, valuation or survey authorised or required by or under this Act, or necessary for the proper administration of this Act;
(e) generally for the purpose of efficient discharge of the functioning by any officer of the Board under this Act or any rule or regulation made thereunder.
Chapter VI MISCELLANEOUS.
84. Power to enter on adjoining land in relation to any work.
(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 the Board in accordance with the regulations made in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or temporary.
Chapter VI MISCELLANEOUS.
85. Breaking into Building.
(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 entered into is situated, to witness the entry or opening and may issue an order in writing to them or any of them so to do.
(3) A report shall be made to the Board as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section.
Chapter VI MISCELLANEOUS.
86. Time of making entry.
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.
Chapter VI MISCELLANEOUS.
87. Consent ordinarily to be obtained.
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, of 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-four hours written notice of the intention to make such entry.
Chapter VI MISCELLANEOUS.
88. Regard to be paid to social or religious usages.
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.
Chapter VI MISCELLANEOUS.
89. Prohibition of obstruction or molestation in execution of work.
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.
Chapter VI MISCELLANEOUS.
90. Notice, etc., to fix reasonable time.
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 the rule or the regulation made thereunder, the notice, bill, order or requisition shall specify a reasonable time for doing the same.
Chapter VI MISCELLANEOUS.
91. Signature on notice, etc., may be stamped.
(1) 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 facsimile of the signature of any such officer stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque or any negotiable instrument.
Chapter VI MISCELLANEOUS.
92. Service of notice, etc.
(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, summon, 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) deliver at the registered office or at the principal office or place of business of the company;
(b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name and style under which its business is carried on, and is either,-
(i) sent by registered post; or
(ii) delivered at the said place of business;
(c) where the person to be served is a public body or a corporation, society or other body, if the document is addressed to the secretary, treasurer or other head of office of that body, corporation or society at its principal Office, and is either,-
(i) sent by registered post; or
(ii) deliver 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;
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business if within the State or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any to which it relates; or
(iii) is sent by registered post to that person.
(3) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed as, "the owner" or "the occupier" as the case may be, of that land or building (identifying that land or building) without further name of 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 (2); or
(b) if the document so addressed or a copy thereof so addressed, is delivered 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 his land or building.
(4) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.
(5) For the purpose of enabling any document to be served on the owner of any premises, the Public Health Engineer or any other officer authorised or empowered to (6) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be served upon the minor. (7) Nothing in section 91 and in this section shall apply to any summons issued under this Act by a court. (8) A servant is not a member of the Family within the meaning of this section.
Chapter VI MISCELLANEOUS.
93. Service of bills for charges or, notice of demand by ordinary post.
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 prepaid 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 of 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.
Chapter VI MISCELLANEOUS.
94. Power in case of non-compliance with notice etc.,
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 person, 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.
Chapter VI MISCELLANEOUS.
95. Liability of occupier to pay in default of owner.
(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 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, in the absence of any contract between the owner and the occupier to the cantrary, be deemed to have been paid to the owner.
Chapter VI MISCELLANEOUS.
96. Execution of work by occupier in default of owner and deduction of expenses from rent.
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 thereunder, 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 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.
Chapter VI MISCELLANEOUS.
97. Relief to agents and trustees.
(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, the Board may by notice in writing require him, to apply to the discharge of his obligation as aforesaid the first moneys which may come to his hands on behalf or for the use of the owner, and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.
Chapter VI MISCELLANEOUS.
98. Compensation to be paid by offenders for damage caused by them.
(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, an 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 compensations 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.
Chapter VI MISCELLANEOUS.
99. Mode of recovery of dues.
Any sum due to the Board on account of any charge, costs, expenses, fees, rates of rent or on any other account under this Act or any rule, regulation, bye-law 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.
Chapter VI MISCELLANEOUS.
100. General penalty.
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-Iaws, shall be punishable with 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 one hundred rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention.
Chapter VI MISCELLANEOUS.
101. Offences by companies.
(1) Where an offence under this Act has been committed by a company, every person who at the time 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 part of, any director, manager, secretary or other officer of the Company such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:-For the purpose of this section:- (a) „Company‟ means a body corporate, and include a firm or other association or individuals; and (b) „director‟ in relation to a firm means partner in the firm.
Chapter VI MISCELLANEOUS.
102. Prosecutions.
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.
Chapter VI MISCELLANEOUS.
103. Compounding of offence.
(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 as 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 untill 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.
Chapter VI MISCELLANEOUS.
104. Arrest of offender.
(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 for the journey from the place of arrest to the court of such magistrate.
Chapter VI MISCELLANEOUS.
105. Duties of police officers and employees of the Corporation.
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
Chapter VI MISCELLANEOUS.
106. Validity of notices and other documents
No notice, order, requisition, Iicence, 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.
Chapter VI MISCELLANEOUS.
107. Admissibility of document or of entry as evidence
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.
Chapter VI MISCELLANEOUS.
108. Evidence of officers of Board
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.
Chapter VI MISCELLANEOUS.
109. Delegation of powers
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.
Chapter VI MISCELLANEOUS.
110. Chief controlling authority
(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.
Chapter VI MISCELLANEOUS.
111. Appeals
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.
Chapter VI MISCELLANEOUS.
112. Revision
The Board may call for the records of 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 fit.
Chapter VI MISCELLANEOUS.
113. Provisions to employees employed in connection with water supply and sewerage undertakings
(1) Every officer and other employee employed with the Hyderabad Metrpolitan 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 Telangana Public Health and Municipal Engineering Service and the Telangana Public Health and Municipal Engineering Subordinate Service serving in the posts not below the rank of Assistant Engineer in the Hyderabad Metro Water Works or Sewerage and Sewage treatment works shall continue to serve in the Hyderabad Metro Water Works or Sewerage and Sewage treatment works under the same terms and conditions applicable to them in their parent Department and until their absorption is finally determined by the Board in accordance with the rules and regulations made for this purpose under this Act:
Provided that an officer or employee shall be given an opportunity to opt for the service of the Board or to remain in the service of his parent department.
(3) The Board may employ any officer or other employee transferred under sub-section (1) in the discharge of such functions under this Act, as it may think proper and every such officer or other employee shall discharge those functions accordingly.
Chapter VI MISCELLANEOUS.
114. Members, Officers and employees of the Board to be public servants
(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.
Chapter VI MISCELLANEOUS.
115. Protection of action done in good faith
(1) No suit or prosecution shall be entertained in any court 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 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.
Chapter VI MISCELLANEOUS.
116. Notice to be given of suits
(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 or 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 of 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-section (1) shall be deemed to apply to a suit in which the only relief claimed is as an injunction of which the object would be defeated by giving of the notice or the postponement of institution of the suit.
Chapter VI MISCELLANEOUS.
117. Continuation of appointments, notifications, rules, bye-laws etc.
(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 in so far as 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 have been incurred, entered into or engaged to be done by, with, or for the Board;
(c) all property, movable and immovable, and all interest of whatsoever nature and kind therein in so far as they relate to the water supply undertaking shall, with all rights of whatsoever description used, enjoyed or possessed immediately before the commencement of this Act in respect of the water supply undertaking, vest in the Board;
(d) all rates, fees, rents and other sums of money due in connection with the water supply undertaking shall be deemed to be due to the Board;
(e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted so far as it relates to the water supply undertaking may be continued or be instituted by or against the Board.
(2) With effect from the date on which Chapter V 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, in so far as it relates to the sewerage and sewage treatment works referred to in Chapter V, 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 sewerage and sewage treatment works referred to in Chapter V shall be deemed to have been incurred, entered into or engaged to be done, by, with, or for the Board;
(c) all property, movable and immovable, and all interests of whatsoever nature and kind therein in so far as they relate to the sewerage and sewage treatment works referred to in Chapter V shall, with all rights of whatsoever description used, enjoyed or possessed by immediately before the commencement of this Act in respect of the sewerage and sewage treatment works referred to in Chapter V, vest in the Board;
(d) all rates, fees, rents and other sums of money due in connection with the sewerage and sewage treatment works referred to in Chapter V, shall be deemed to be due to the Board;
Chapter VI MISCELLANEOUS.
118. Power of Government to make certain supplemental orders.
(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 Telangana 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 omissions from, additions to and adaptations 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 of other authorities in any law; (d) for authorising the continued carrying on for the time being by the Board of services and activities carried on by the Corporation; and (e) so far as it appears necessary or expedient in connection with any of the matters aforesaid, for varying the powers of jurisdiction of any authority and empowering other authorities to exercise such jurisdiction as may be specified in such order. (2) The provisions made by any order under sub-section (1) shall, have effect as if enacted in this Act, and any such order may be made so as to be retrospective to any date not earlier than the date of commencement of this Act: Provided that no person shall be deemed to be guilty of an offence by reason of so much of any such order as makes any provisions thereof retrospective to any date before the making thereof.
Chapter VI MISCELLANEOUS.
119. Savings.
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 Corporation of Hyderabad in respect of sewerage and sewage treatment works vested in him, shall in so far as they are not inconsistant with the provisions thereof, be deemed to have been done or taken by the Board constituted under this Act and all assets vested in him and all liabilities subsisting against the said Chief Engineer and Municipal Commissioner shall on such commencement devolve on the Board constituted under this Act.
Chapter VI MISCELLANEOUS.
120. Amendment of Act 30 of 1988.
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.
Some statutory text is still being prepared for this language version.
PDF: pending for this language.