Schedule I

Vesting of 53. (1) On and from the date of commencement of this sewerage and chapter, all public sewers and other sewers and sewerage ore treatment ishosal 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 [Act No. 15 of 1989] 35 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. 54. Save as otherwise provided in the Water (Prevention Certain matters and Control of Pollution) Act, 1974, relating to discharge notto be passed and disposal of industrial effluents and other objectionable nto Board sewers ffluents, no person shall throw, empty, or turn into an and sewage e ’ p i. A pty, Y treatment works. Board sewers, referred to in section 53,- Central Act 6 of 1974, (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 36 [Act No. 15 of 1989] (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 Central Act 30 of 1934. Petroleum Act, 1934. Charges towards 55. Every occupier of both domestic and non-domestic the use of premises shall pay to the Board at the rate not exceeding sewerage cess. . 3 . . 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. Power to lay 56. (1) Notwithstanding anything contained in the [Greater tid os : Hyderabad Municipal Corporation] Act, 1955 the ede eatment o[Telangana Municipalities Act, 1965] or any other law for Act I of 1956. the time being in force the Board may lay sewer or construct Act 6 of 1965. 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 Telangana vide G.0.Ms.No.134, Municipal Administration and Urban Development (F2) Department, dated 13.10.2015. Development (F2) Department, dated 29.10.2015. [Act No. 15 of 1989] 37 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 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. 15. Substituted by Act No.13 of 2008 and adapted to the State of 16. Substituted by G.0.Ms.No.142, Municipal Administration and Urban (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. 57. (1) The Board may, in any street or any land referred to Power to lay in clause (a) of sub-section (1) of section 56, where within or service pipes. 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 38 [Act No. 15 of 1989] 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. Applications by 58. (1) Subject to such conditions as may be prescribed by owners and regulations made in this behalf, the owner or occupier of oceupiers to any premises having a private drain, or the owner of any connect into A . — . Board sewer. 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 [Act No. 15 of 1989] 39 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. 59. (1) Where any premises are, in the opinion of the Board, Drainage of without sufficient means of effectual drainage and a Board undrained sewer or some place approved by the Board for the Premises. 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 40 [Act No. 15 of 1989] 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). New premises not 60. (1) In areas in which Board sewers are provided, it shall to be eroctad not be lawful to erect or to re-erect any premises or to without rains or occupy any such premises unless, - [Act No. 15 of 1989] 4 (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. 61. (1) If it appears to the Board that any group or block of Power to drain premises may be drained more economically or group or block of advantageously in combination than separately and a Board shulloand il sewer of sufficient size already exists or is, about to be operations. 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,- 42 [Act No. 15 of 1989] (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. Power of Boardto 62. Where a sewer connecting any premises with a Board closeorlimitthe sewer is sufficient for the effectual drainage of such use of private premises and is otherwise unobjectionable but is not, in the sewerage in LL certain cases. 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 [Act No. 15 of 1989] 43 (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. 63. Where the Board of either on receipt of an application Use of sewer by a from the owner of any premises or otherwise, is of the Person other than opinion that the only technically feasible alternative means the owner. 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. 44 [Act No. 15 of 1989] Sewageandrain 64. Whenever it is provided, in this chapter that steps shall water for drains to or may be taken for the effectual drainage of any premises, be distinct. 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. Appointment of 65. The Board may cause any or all the Board sewers to places for the empty into, and all sewage to be disposed of at such place emptying sewers or places either within or outside Hyderabad Metropolitan and disposal of area or in any place in the State as it considers suitable: sewage. 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. Connection with ~~ 66. No person or any local authority as the case may be, sewerage and shall for any purpose whatsoever, at any time make or sewage treatment 556 to be made any connection or communication with works not to be i made without the sewerage or sewage treatment works referred to in permission. 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. Buildings and 67. (1) Without prior written permission of the Board or an private streets not officer authorised in this behalf no private street, shall be to be eracted or constructed and no building, wall, fence or other structure the sewerage and sewage treatment works vested with the Board. [Act No. 15 of 1989] 45 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. 68. (1) The Board may place or maintain or construct Rights of user of sewage lines and sewage treatment works referred to in Property for section 53 over, under, along or across any immovable ment property whether within or without the local limits of the yoks. 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. 46 [Act No. 15 of 1989] Power of owner of 69. (1) If it appears to the Board that during the construction premisestolay the only technically feasible alternative means of sewerage Sewer through Of any premises is by laying any sewer over, under, along or other maroon” 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, [Act No. 15 of 1989] 47 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. 70. (1) When under the provisions of this Chapter any Power to execute person may be required or is liable to execute any work, the Work after giving Board may, in accordance with the provisions of this Act notice tothe and of any regulations made in this behalf, cause such work person liable. 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. 48 [Act No. 15 of 1989] (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. Power to affix shafts, etc. for whether vested in the Board or not, the Board may, in ventilation of accordance with the regulations made in this behalf, erect sewer or . . . Pa cesspool. 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. Power to examine 72. (1) Where it appears to the Board that there are andtestsewers, reasonable grounds for believing that a private sewer or 71. For the purpose of ventilating any sewer or cesspool, ete, believedto ;o55n00] is in such condition as to be prejudicial to health be defective. . . - . 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. Worktobedone 73. (1) No person other than an Engineer or a Plumber by licenced licenced by the Board or an Officer authorised by the Board Frgmeer or 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: [Act No. 15 of 1989] 49 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. 74. No person shall,- Prohibition of certain acts. (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 50 [Act No. 15 of 1989] wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any sewage work. Regulations 75. (1) The Board may, with the previous approval of the regarding Government, make regulations to carry out the purposes of sewage. 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. Bye-laws 76. Subject to the provisions of rules and regulations, the rons 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; [Act No. 15 of 1989] 51 (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 52 [Act No. 15 of 1989] at any time samples of what is passing into Board sewers from trade premises; and (0) 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. Punishment for 77. Whoever- certain offences. (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. [Act No. 15 of 1989] 53 78. (1) The Board shall before such date and in such form Annual reports, as may be prescribed by rules submit to the Government an Statistics and annual report upon such matters as may be so prescribed, MMs: 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 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 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. 79. (1) The Government may, by notification make rules for Power to make carrying out all or any of the purposes of this Act. rules. (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. 01.06.2016. 54 [Act No. 15 of 1989] (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. Power of Boardto 80. The Board may, with the previous approval of the make regulations. 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 [Act No. 15 of 1989] 55 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. 81. (1) In the discharge of its functions, the Board shall be Directions by the guided by such directions on questions of policy as may be Government. 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. 82. (1) Whenever it is provided in this Act or any rule or Licence and regulation made thereunder that a licence or a written Written permission may be granted for any purpose, such licence or Permission. 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; 56 [Act No. 15 of 1989] (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; [Act No. 15 of 1989] 57 (b) every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission. (4) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or any rule made thereunder be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed. (5) Every grantee of any licence or written permission under this Act shall at all reasonable times, while such licence or written permission remains in force, if so required by the Board or the authority by whom it was granted, produce such licence or written permission. 83. The Chief Engineer, the Public Health Engineer or any Power of entry officer authorised by the Board in this behalf or empowered and inspection. 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; 58 [Act No. 15 of 1989] (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. Powertoenteron 84. (1) The Chief Engineer, Public Health Engineer or any adjoining land in officer authorised in this behalf by or under any provision of relation toany 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. Breaking into 85. (1) It shall be lawful for the Chief Engineer, the Public Building. Health Engineer, or any officer authorised in this behalf by [Act No. 15 of 1989] 59 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. 86. Save as otherwise provided in this Act or any regulation Time of making made thereunder, no entry authorised by or under this Act entry shall be made except between the hours of sunrise and sunset. 87. Save as otherwise provided in this Act or any regulation Consent ordinarily made thereunder, no entry upon or into any land or building to be obtained. 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. 60 [Act No. 15 of 1989] Regardto be paid 88. When any place used as a human dwelling is entered to social or under this Act, due regard shall be paid to the social and religious usages. 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. Prohibition of 89. No person shall obstruct or molest any person obstruction or authorised or empowered by or under this Act in the ao ork 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. Notice, etc, tofix 90. Where any notice, bill, order or requisition issued or reasonable time. mage 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. Signature on 91. (1) Every licence, written permission, notice, bill, notice, etc, may summons or other document which is required by this Act be stamped. 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. Service of notice, 92. (1) All notices, bills, summons and other documents etc., required by this Act or any regulation made thereunder to [Act No. 15 of 1989] 61 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; 62 [Act No. 15 of 1989] (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 [Act No. 15 of 1989] 63 do so may by notice in writing require the occupier of the premises to state the name and address of the owner thereof. (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. 93. Notwithstanding anything contained in section 92 a bill Service of bills for for any charges or a notice of demand may be served by charges or, notice sending it by ordinary post with a prepaid letter under a pebialivied 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. 94. In the event of non-compliance with the terms of any Power in case of notice, order or requisition issued to any person under this non-compliance Act or any rule or regulation made thereunder, requiring With notice etc., 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 64 [Act No. 15 of 1989] 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. Liability of 95. (1) If any notice, order or requisition has been issued to occupier to pay in any person in respect of property of which he is the owner, default of owner. he 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. Execution of work 96. Whenever the owner of any land or building fails to by occupier in execute any work which he is required to execute under this default of owner Act or any rule or regulation made thereunder, the occupier, expenses from if any, of such land or building may, with the approval of the rent. 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. [Act No. 15 of 1989] 65 97. (1) Where any person, by reason of his receiving rent of Relief to agents immovable property, as a receiver, agent or trustee or of his and trustees. 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. 98. (1) Any person who has been convicted of an offence Compensation to against this Act or any rule or regulation made thereunder be paid by shall, notwithstanding any punishment to which he may Offenders for . . damage caused have been sentenced for the said, offence, be liable to pay by them. 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 66 [Act No. 15 of 1989] 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. Mode of recovery 99. Any sum due to the Board on account of any charge, of dues. 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. General penalty. 100. 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 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. Offences by 101. (1) Where an offence under this Act has been companies. 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: [Act No. 15 of 1989] 67 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. 102. Save as otherwise provided in this Act, no Court shall Prosecutions. 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. 103. (1) The Board or any Officer of the Board authorised Compounding of by it, by general or special order in this behalf, may, either offence. 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: 68 [Act No. 15 of 1989] 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. Arrest of offender. 104. (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. Duties of police 105. It shall be the duty of all police officers and officers and employees of the Corporation or any Local Authority to give picid 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 [Act No. 15 of 1989] 69 or regulation made thereunder and to assist all such officers in the exercise of their lawful authority. 106. No notice, order, requisition, licence, permission in Validity of notices writing or any other document issued under this Act or any and other rule or regulation shall be invalid merely by reason of any d°cuments: defect in form or detail. 107. A copy of any receipt, application, plan, notice, order Admissibility of or other document or of any entry in a register in the documentor of possession of the Board shall, if duly certified by the legal ©MY as evidence. 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. 108. No officer or employee of the Board shall in any legal Evidence of proceedings to which the Board is not a party, be required ©fficers of Board. 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. 109. The Board may, by notification, direct that any power Delegation of conferred or any duty imposed on the Public Health Powers. 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. 110. (1) The Managing Director shall be the Chief Chief controlling Controlling Authority in respect of all matters relating to the authority. 70 [Act No. 15 of 1989] 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. Appeals. 111. 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. Revision. 112. 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. Provisions to 113. (1) Every officer and other employee employed with employees the Hyderabad Metrpolitan Water works and sewerage and employed in sewage treatment works as the case may be, shall stand connection with y water supplyand transferred to and become an officer or other employee of sewerage the Board with such designations as the Board may undertakings. 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. [Act No. 15 of 1989] 7 (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. 114. (1) All members, officers and employees of the Board Members, Officers shall be deemed, when acting or purporting to act in and employees of pursuance of the provisions of this Act or any rule or ee onte, regulation made thereunder, to be public servants within the i meaning of section 21 of the Indian Penal Code, 1860 and Central Act 45 of 1860. the Prevention of Corruption Act, 1988 for the time being in Central Act49 of 1985. force. (2) The words ‘State Government’ and ‘Government’ in section 161 of the Indian Penal Code, 1860 shall for the Central Act4s of 1860. purposes of sub-section (1) be deemed to include the Board. 72 [Act No. 15 of 1989] Protection of 115. (1) No suit or prosecution shall be entertained in any action done in court against the Board or against any officer or employee good faith. 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. Noticetobe given 116. (1) No suit shall be instituted against the Board or of suits. 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. [Act No. 15 of 1989] 73 117. (1) With effect from the date of which Chapter |v Continuation of comes into force, appointments, notifications, Lo rules, bye-laws (a) any appointment, notification, order, scheme, rule, etc. 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. 74 [Act No. 15 of 1989] (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; [Act No. 15 of 1989] 75 (e) all suits, prosecutions and other legal proceedings instituted or which might have been instituted in so far as it relates to the sewerage and sewage treatment works referred to in Chapter V may be continued or be instituted by or against the Board. 118. (1) Notwithstanding anything contained in this Act or Power of in any other law for the time being in force, the Government Government to may, by order published in the "®Telangana Gazette, make Seplomant] such provisions as appear to them to be necessary or gers. 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 difiiculties 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 01.06.2016. 76 [Act No. 15 of 1989] 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. Savings. 119. 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. Amendment of 120. Sections 2, 3, 4, 5, 6 and 7 of the Hyderabad Act 30 of 1988. Metropolitan Water Supply (Validation of Water Rates and Service Charges) Act, 1988 shall be omitted. [Act No. 15 of 1989] 7 17. Substituted by G.0.Ms.No.46, Law (F) Department, dated 18. Substituted by G.0.Ms.No.46, Law (F) Department, dated (see section 14) Description of assets. Number of years of period. A. Land Owned under .. Infinite full title B. Land held under lease .. (a) for investment in .. The period of the lease or the land the period remaining unexpired on the assignment of the lease. (b) for cost of .. The period of the lease clearing site remaining unexpired as on the date of clearing the site. IC. Assets acquired new (a) () Buildings and .. Fifty civil construction of permanent nature. (ii) Temporary .. Five erections such as wooden structures. (iii) Bridges, .. Fifty Barrages and Reservoirs. (b) () Roads other .. Fifty than katcha Roads. (ii) Katcha Roads .. Five (¢) () water and .. Thirty five Sewerage Treatment Plants. 78 [Act No. 15 of 1989] (ii) Pumping .. Fifteen Plants (ii) Pipe Lines .. Fifty (mains and distribution lines) (iv) Power .. Twenty five Stations and equipment (v) Boring sets .. Fifteen (d) Vehicles .. Seven (e) (i) Office furniture .. Fifteen and fittings (ii) Office .. Seven equipment (f) Other Assets .. Fifteen] D. Assets purchased .. Such reasonable period second hand and as the Government assets not otherwise determine in each case provide herein. having regard to the nature, age and condition of the assets at the time of its acquisition by the owner. [Act No. 15 of 1989] 79 19. Substituted by Act No.4 of 1997.