THE HYDERABAD METROPOLITAN WATER SUPPLY RULES, 1990

[1]THE HYDERABAD METROPOLITAN WATER SUPPLY RULES, 1990

PREAMBLE

In exercise of the powers conferred under sub-section (1) of Section 79 of the Hyderabad Metropolitan Water Supply and Sewerage Act. 1989 read, with the provisions contained in Chapter IV of the said Act regarding Water Supply and all other powers here unto enabling and also in supersession of the rules and orders issued earlier, the Governor of Andhra Pradesh hereby makes the following rules, namely.

PART I

Rule - 1. Short title, Extent and Commencement.

(1)     These rules may be called the Hyderabad Metropolitan Water Supply Rules, 1990.

(2)     They shall be deemed to have come into force on and from 1st November, 1989.

(3)     These rules shall apply to areas now served by the Hyderabad Metropolitan Water Supply and Sewerage Board and to areas in which any extension is to be notified from time to time.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires.

(a)      "Act" means, the Hyderabad Metropolitan Water Supply and Sewerage Act, 1989.

[2][(aa) Board means the Hyderabad Metropolitan water Supply and Sewerage Board constituted under Section 3 of the Act.

(b)      "Applicant" means the owner or occupier of a premises or builder or the society formed for the maintenance of the apartments, shoping and office complex including a premises owned or occupied by the State Government, Central Government or any local body or local authority who applies for a new extension or alteration to the existing water supply connection.

[3][(c) Consumer means and includes any person, an authority constituted under any Act made by the Parliament or of any State Legislature or the Government who owns or occupies a premises to which water is being supplied by the Board and also any co-operative society or Association or other body which obtains water supply for any premises.

(d)   "Public Purpose" means a purpose other than supply of water for an individual domestic or non-domestic premises.

(e)   "Executive Engineer" means Executive Engineer in-charge of a Division for maintenance and operation of Hyderabad Metropolitan Water Supply and Sewerage system of the Board and includes any subordinate officer authorised by him or by the Managing Director to carry out the purposes of these rules.

"Public Health Engineer" means the Superintending Engineer, in charge of a Circle for maintenance and operation of Hyderabad Metropolitan Water Supply and Sewerage System of the Board and includes any subordinate officer authorised by him or by the Managing Director to carry out the purposes of these rules.

(2)     The words and expressions used in these rules, but not defined, shall have meanings respectively assigned to them in the Hyderabad Metropolitan Water Supply and Sewerage Act, 1989.

PART II AUTHORITY COMPETENT TO SANCTION WATER SUPPLY SERVICE CONNECTION

Rule - 3.

The authority competent to sanction water supply service connections of various sizes for various purposes shall be as prescribed hereunder:

PART III RATES, FEES, TARIFF, RENTALS, DEPOSITS, CONTRIBUTIONS AND OTHER CHARGES

Rule - 4.

(1)     Every applicant seeking new water supply service connection shall pay pipe line service charges at such rates as may be specified from time to time by the Board, in addition to fees, rates, tariff, rentals, deposits, contributions and other charges as may be prescribed by the Board from time to time.

(2)     Every consumer possessing a water supply service connection for any purpose shall pay such percentage of water bill as sewerage cess as fixed by the Board from time to time to defray to capital and maintenance and operation cast of sewerage system.

(3)     Without prejudice to provisions of Section 25 of the Act and all other provisions relevant thereto and an addition to the penal action prescribed, while fixing the rate for water supplied to a premises wherein water is used or consumed for more than one such purpose or purpose, or for a purpose other than the one for which it was supplied, the Executive Engineer or any other Officer authorised by the Managing Director shall take into account the prevailing rate or rates applicable to any one of these purposes whichever is the highest and levy and collect water charges accordingly.

Rule - 5.

The water supplied to a premises occupied for charitable and endowment purposes shall be free of cost provided that the water supply service connection to such premises is not more than 15 mm dia and no commercial or industrial activity is undertaken in such premises.

Rule - 6.

The water supplied to a premises which is occupied and used as a hostel or as non-commercial boarding house or any similar institution shall be treated as water supplied for domestic purpose, provided that the prior approval of the Managing Director is obtained in each case.

Rule - 7.

The water supplied by tankers for any purpose other than for a public purpose to any premises shall be charged at such rate as may be specified by the Managing Director which shall be paid in advance to the Director of Finance/Finance Manager Executive Engineer concerned as may be specified by the Managing Director by a crossed demand draft.

Rule - 8.

No charges shall be levied for water supplied to a premises used as a place of worship or religious purposes without commercial or industrial activity.

PART IV APPLICATION, SANCTION, EXECUTION, METER READING AND BILLING OF WATER SUPPLY SERVICE CONNECTION

Rule - 9. Application for pipe connections.

(1)     An application for a water supply service connection shall be submitted directly by the consumer in such form as may be prescribed in the water supply and sewarage regulations made by the Board under the Act. There shall be a single separate application both for water supply connection and sewarage connection for any premises. The application shall be submitted to the competent authority or any other authorised by him. An application for water supply/sewarage house service connection shall also be accompanied by :

(a)      A crossed demand draft for an amount as fixed by the Board from time to time drawn in favour of the Board from any Scheduled Bank and a plan on tracing cloth, in triplicate of the said premises on a scale of one metre to one centimetre together with a site plan showing the location of the premises, street in front of the premises and locality.

(b)      An undertaking to the effect that the applicant shall abide by the various provisions of the Act and Rules/Regulations/Bye-laws issued thereunder, with particular reference to the penal provisions prescribed thereto.

(c)      The rate and cost of each form shall be as specified by the Managing Director from time to time.

(2)     The Plan of the premises referred to in sub-rule (1) shall specify in red colour : and

(i)       the size of the pipe connection required :

(ii)      the location of pipe connection, meter and taps :

(iii)     the existing pipe connection and tap etc., if any to be shown in Blue Colour.

(iv)    location of sewers, soakage pits, septic tanks, manholes, inspection chambers, storm water drains.

(3)     The Executive Engineer or any other competent authority may refuse to grant the connection on an application for giving pipe connection, or may give pipe connection of a bore smaller of larger in diameter than the one applied, for without assigning any reason therefore, if the distance between the water supply main and the structure (Sump) is more than 35 Metres no connection shall be granted.

If the party shall bear the charges for extending the pipeline, within, 35 Mts. distance, the water supply connection shall be given, in an area where there is a sporadic development, the Board shall arrive at the size of the pipe line required for the entire area and the cost of laying that size of pipeline upto the applicant's premises as fixed by the Board shall be paid by the applicant.

(4)     The laying of or alteration in or extension of pipe connection shall commence only after verifying :

(a)      the approval of the competent authority, forward to the applicant an approved copy of the Plan :

(b)      whether the applicant has deposited with the Municipal Corporation of Hyderabad or the concerned local authority or the concerned Roads Division of the Public Works (Roads and Buildings) Department necessary cost for cutting open and reconstructing the portion of the road that has to be cut open for the purpose of laying the pipe line and has obtained a roadcut permit:

(c)      whether the applicant remitted to the Board the boring fees, deposit, pipe line service charges and other charges as per rates approved. The pipe line service charges fees and any other charges are not refundable and shall not be adjusted towards payment of bills. The deposit shall however be adjusted in case of disconnection of water supply at the request of consumer.

(5)     The applicant shall, after completion of the work necessary for giving pipe connection or effecting alteration in or extension of the pipe connection as per the approved, plan submit a completion report in prescribed form, duly, filled in, to connect his service pipe with the Board's main. The rate and cost of each form shall be as specified by the Managing Director.

Rule - 10. Connection with the Board's main.

The connection with the Board's main is given subject to the condition that:

(a)      The plumbing work, both internal and external is carried out in conformity with these Rules and Regulations and Bye-laws, made by the Board under these rules and, certified by the Licensced Engineer or Plumber and test checked by the Assistant Engineer, Assistant Executive Engineer or by Deputy Executive Engineer or any other officer, of Maintenance Division, authorised by the Managing Director.

(b)      The boring in the Boards main at top fixing a brass ferrule and flexible grooves-neck. "Tee" with a sluice valve duly throtted therein shall be done exclusively by the Board, and not by the Licensed Plumber or Engineer.

Rule - 11. Alterations, or removal of consumer's pipes and Fittings.

No consumer's pipe shall be removed, altered or extended either within or without premises except in accordance with the provisions of these rules and regulations made by the Board.

Rule - 12. Size of Consumer's Pipe.

The Ferrule and the Consumer's pipe shall be in conformity with the size approved by the competent authority.

Rule - 13. Specification of Pipes and fittings.

The consumer's pipes and fittings PVC sleeve pipe or any other pipe with suitable and similar specifications shall conform to the specifications given in these Rules and Regulations, made by the Board. All such pipes and fittings PVC, sleeve pipe or any other pipe with suitable and similar specifications shall be provided, maintained, repaired and renewed by the consumer at his own expense to the satisfaction of the Executive Engineer. Failure to maintain and repair or renew shall attract penal provisions as per Second Schedule of the Act. Apart from penal action, Board shall replace the existing service pipe, and fittings wherever necessary and cost recovered from the consumer thereof.

Rule - 14. Erection of Water Closets to be Approved.

No connection shall be granted for supply of water to any water-closets, latrines or urinals unless its erection is approved by the Executive Engineer of the Division concerned and unless sufficient storage is provided thereof.

Rule - 15. Premises not to be supplied with more than one connection.

No premises shall ordinarily be supplied with water by more than one connection. The Chief Engineer may, however in special circumstances to be recorded in writing, sanction more than one connection. Only one connection shall be sanctioned for apartments, shopping and office complexes.

Note. For the purpose of this rule and word "Apartments" includes "Association of Apartment owners" carrying the same definition given in the Andhra Pradesh Apartments (Promotion of construction and Ownership) Act, 1987 (Act No. 29 of 1987).

Rule - 16. A Separate Connection to Every Premises.

(1)     Every premises supplied with water shall have one pipe Connection which shall not be used to supply water to any other premises.

(2)     The owner of more than one building in the same premises except for residential apartments, shopping and office complexes as defined in the Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act, 1987 (Act No. 29 of 1987) shall apply and secure separate service connection for each of the buildings owned by him in the same premises.

(3)     Water Supply service connection for any purpose including that of domestic use shall be given at the ground level only and it shall not be lawful for any owner or occupier to demand water supply connection from the service pipe at any other elevation or level.

(4)     No device shall be used or possessed in the premises to such water directly or indirectly from the mains or service pipes, failing which penal action will be taken under sub-section (2) of Section 32 of the Act and other provisions thereto.

Rule - 17.

(1)     The owner of every premises, having more than one storey and connected with water supply from the communication pipe at the ground level, shall on and after commencement of the Act and within a period of sixty days therefrom provide a sump and set up electrical pump of other contrivances of adequate capacity and such other arrangements as prescribed by the Executive Engineer to pump the water from the sump to the top-most storey of such premises.

(2)     Any person who wilfully violates the provisions under sub-rule (1) above shall be liable to have the water supply disconnected to the premises in addition to the penalties prescribed in Section 32 of the Act and no new connection shall be sanctioned to the premises under any name unless the owner or the occupier complies with the provisions of these rules.

Rule - 18. Water Supplied for Domestic Purpose not to be allowed to be used for other Purposes.

(1)     No consumer supplied with water for domestic purpose, shall use or allow any person the use of water from his service connection, for constructional or industrial purposes or for purposes other than domestic purposes without the permission of the Executive Engineer.

(2)     Where a constructional, commercial or industrial activity is carried out in any premises after obtaining a service connection for use of water under domestic tariff, then the owner or occupier of the premises shall forthwith intimate the Board in writing regarding the change and get the private connection classified under the appropriate tariff. Unauthorised use of connection granted under domestic purpose for non-domestic purpose will attract the provision of Section 25 and also second schedule of the Act.

Rule - 19. Position and Control of Stop-Cock on Consumer's Pipe.

The stopcock with a proper size guard box on the consumer's pipe shall be placed in a position to be selected by the Executive Engineer. The Board shall have exclusive control of the stop-cock.

Rule - 20. Consumer's taps not to be fixed in certain places.

No consumer's taps shall be fixed in passage or outside any premises so as to be available for use by the public. If the Executive Engineer is of opinion that any such tap either directly or indirectly contributes to or be so used as to cause waste or misuse of the water such tap shall be removed by the consumer within 24 hours of the receipt or a written order to that effect from the Executive Engineer, failing which the water supply connection in the premises shall be disconnected and consequential penal action taken under the provisions of these rules read with second schedule in the Act.

Rule - 21. Alteration of fittings.

No alteration shall be made in any pipes or fittings connected or fed by the Board mains, without the consent of the Executive Engineers and such alterations of pipes and fittings shall be in accordance with these rules.

Rule - 22. Provision of meters.

(1)     All private pipe connections for supply of water for industrial, commercial, construction and domestic purposes shall be metered and shall be paid for at rates approved by the Board from time to time, by special agreement in writing with the Board, Raw water supplied by the Board for any purpose should also be metered and charged at such rates and in accordance with such procedure as may be prescribed by an order of the Managing Director.

(2)     Temporary connections for functions, games and sports events, exhibitions shall also be metered, if necessary.

Rule - 23. Size and testing of the meter.

The meter shall be of a type approved by the Executive Engineer. The size of the meter shall be in accordance with the sanctioned size and discharge with minimum loss of head. The consumer shall get the meter tested by the Board before it is fixed on the pipe connection.

Rule - 24. Location of the meter.

The location of the meter shall be as approved by the Executive Engineer. The meter shall be fixed as near as possible after the point where the communication pipe enters in premises and at a convenient place suitable for easy accessibility for inspection by the Executive Engineer or any other officer authorised by him. In case of bulk consumers, the meter shall be fixed near the off-take point of the Board's mains and it shall be under lock and key of the Board. However the consumers shall be responsible for watch and ward.

Rule - 25. Meter to be housed in a chamber.

The meter shall be housed in a chamber of a suitable size with a proper cover easily removable so as to enable the Board to take meter readings conveniently. The following fittings shall, at the cost of the consumer, be fixed to the meter within the chamber.

(i)       two peet valves one on either side;

(ii)      a testing Tee with plug after the meter.

Rule - 26. Sealing of the meter.

The meter shall be sealed by the Executive Engineer or any person authorised by him and it shall be the responsibility of the consumer to protect the seal and keep it intact. In case it is tampered with a written notice shall be given by the Executive Engineer to the consumer for getting it re-sealed within a period of 3 days from the date of issue of the said notice. The re-sealing of the meter shall be done by the Executive Engineer or any person authorised by him on payment by the consumer of prescribed re-sealing charges together with any penalty levied by the Executive Engineer for such tampering. Failing this, the water supply shall be disconnected and shall be restored only on the consumer paying the disconnecting and reopening fees at rates prescribed under these rules in addition to the re-sealing charges and the penalty.

Rule - 27. Defective meter to be repaired.

(1)     If the meter is found to be defective, the Executive Engineer may issue a notice to the consumer to get the same repaired within the time specified therein not exceeding 2 months. For the purpose of repairs, the consumer shall provide a pipe piece of suitable length to be fitted in place of the meter to be removed. The meter shall in no case be removed by any agently other than the Board. The consumer shall first get the meter tested by the Board before taking up repairs. The consumer shall then get the defective meter repaid if found defective.

(2)     In case the consumer desires to have his meter tested although the Board has not given him any notice regarding defective working of the meter the consumer shall pay a fee as prescribed in these rules for testing if the meter is found to be defective, the consumer shall get the same repaired following procedure under sub-rule (1).

(3)     Testing fee at such rates as may be specified by the Managing Director from time to time shall be charged for testing the meter.

Rule - 28. Consequences of failure to repair meter.

(1)     If the consumer fails to get the meter repaired within the period specified in the notice issued by the Executive Engineer supply of water shall be made at twice the normal rates till the meter is duly repaired, tested-and refixed as laid down in Rule 27.

[4][(2) Notwithstanding anything contained in these rules, the Board may in its discretion but without any obligation to do so, procure and supply meters to consumers for use of the consumers under these rules and keep those in good condition on such terms and conditions as may be specified from time to time, by the Managing Director. In such case. sub-rule (1) of Rule 28 shall not be applicable].

[5][(3) The Board may cause water supply connection to be disconnected after giving a notice not exceeding two months as specified in sub-rule (1) of rule 27, where no meter has been installed or where the installed meter is deflective and not working and has not been repaired for more than six months by consumer.

Rule - 29. Preparation and delivery of bills.

(1)     The bills are prepared and delivered to the consumer in such manner as may be prescribed by the Managing Director. In computing the charges for water consumed fractions of 500 litres and below shall not be charged for and fraction in excess of 500 litres shall be charged for as if it were 1000 litres. During the period when the meter is defective, the consumer shall be required to pay every month a sum enquivalent to the average monthly charge for the preceding three months, till the meter is repaired subject to the provisions under Rule 28. The seasonal users like ice factories etc., shall however be charged with equitable consumption of the previous month when the meter is defective.

(2)     While every effort shall be made by the Board to prepare and serve the bill to the consumer, it shall be the duty of the consumer to obtain the bi-monthly/monthly bill by twentieth day of succeeding month from the Board and make payment. In the alternative, if no bill is received the consumer shall pay an amount equal to the amount of the latest bill for monthly consumption charged and available with him subject to adjustment in the subsequent bill. Failure on the part of the consumer in either case will attract the provisions of these rules for disconnection together with the penalty prescribed therefor.

(3)     In respect of bill prepared and delivered to bulk and industrial consumers, payment of bill shall be as per terms and conditions of relevant agreement entered into for such bulk supply.

(4)     Meter reading shall be done by the Meter Reader,

Rule - 30. Payment of Bills.

Payment of a bill by consumers shall be made at collection counters or in the authorised Branches of Scheduled Banks notified by the Managing Director from time to time within 15 days from the date of issue of the bill or within (30) days from the end of the month in case if no bill is received for a month or in such manner as may be prescribed by the Managing Director.

Rule - 31. Manner or Payment.

(1)     Payment of the bill shall be accepted either in cash or by crossed demand draft drawn in favour of the Board in collection counters of Scheduled Bank. Banks as specified by the Managing Director from time to time or in collection counters of the Board. Payment by cheque or by Money Order shall not be accepted.

(2)     While making payment of the bill by crossed demand draft details regarding bills, the ledger number, house number, ward number. locality and the name of the consumer as recorded in the bill shall be furnished to enable the Board to credit correctly the amount to the account of the consumer.

(3)     Official receipts printed and numbered as authorised by the Managing Director or Director/Finance or receipts issued by the authorised branches of Scheduled Banks, shall be issued for all payments. No other receipts shall be recognised.

Rule - 32. Disconnection of water supply for defaulters.

Water supply shall be disconnected, if the amount of the bill, either exceeds the amount paid as deposit or is not paid within the time fixed in Rule 30.

Rule - 33. Objections when to be preferred.

No objections in regard to the connection of the bill shall be entertained unless it is made in writing within fourteen days from the date of receipt of the bill. The bill shall be paid in the first instance before any objection is lodged. The excess amount paid will however be adjusted in the subsequent bill if the complaint is genuine and justified. A consumer may make payments in advance to the Board for adjustment towards future bills.

Rule - 34. Reopening fee.

The terms and conditions for re-opening fee for restoration of water supply disconnected shall be as may be prescribed in these rules provided when a consumer applied for re-opening of his service connection. he shall pay all the arrears due to the Board together with the disconnection charges and re-opening fees to entitle him for the pipe connection.

Rule - 35. Application for disconnection.

(1)     If any consumer desires to get his water supply disconnected and obtain refund of his deposit, he shall give intimation at least seven days in advance in writing to the Executive Engineer and shall pay disconnection fee as per tariff prescribed.

Notice of change of ownership or tenancy :

(2)     All changes of ownership or tenancy of a premises should be intimated by the owner at least a fortnight in advance to Executive Engineer in writing and where no such advance notice is given, the owner of the premises or the next tenant shall be responsible for making payment towards water bill.

(3)     No service pipe shall ordinarily be laid to the premises of a consumer through a neighbour's premises. However, if no technical and feasible alternative is available; a service pipe of a consumer may be laid through the premises of his neighbour, provided the owner of such premises give his specific consent in writing for laying such service pipe through his premises.

Rule - 36. Refund of deposit towards water charges.

Except the deposit towards water charges, no other amount is refundable. Deposit will be refunded in the event of voluntary disconnection on application and on production of the original receipt, after adjusting arrears if any outstanding on the private service connection.

PART V

Rule - 37. Work to be done by licensed Engineer/Plumbers-Grant of license and Requirements

The procedure in regard to grant of licence to a Plumber or Engineer under Section 48 of the Act, the duties and responsibilities shall be in accordance with regulations made by the Board under these rules.

Rule - 38. Exemption to bulk consumers from employing licensed Engineers/ Plumbers

The Executive Engineer, may exempt bulk consumers such as industries and local bodies, who execute the pipeline work under the supervision of qualified Engineers, from the operation of rule 37.

PART VI Miscellaneous

Rule - 39.

The Executive Engineer or any other person authorised by him may at any reasonable time between sunrise and sunset enter any premises having a water connection for the purpose of inspection of the plumbing system and meters to check and ascertain any deficiency, any defect or misuse thereof and to carry out any work or repairs or to disconnect such connection where necessary.

Rule - 40. Notice to the occupant

The Executive Engineer or his authorised person may, by a written notice require the consumer to carryout any of repair work, provide any pipe fittings or to remedy any defect which may be found to exist in the consumer's pipe connection, or meter or plumbing system. Failure to comply with this notice within 48 hours of receipt of notice shall entail disconnection of water supply connection. The Board may itself carryout the work and recover the cost from the consumer the expenses reasonably incurred by it in so doing, as arrears of water rates payable under Act. No notice need be issued in case of emergencies involving contamination of water supply.

Rule - 41.

True extracts of the Second Schedule of the Act are appended to these rules as Annexure for guidance and strict compliance.

Rule - 42. Report regarding wastage of water and other steps:

In every case where water supplied to a premises is observed to go waste by leakage through communication pipe the consumer shall immediately telephone or otherwise give immediate information to the Section Officer in-charge of water supply or to any Officer of the Board so as to enable necessary action being taken immediately to arrest the wastage.

Rule - 43. Cutting up of Roads, drains etc.

The Executive Engineer or any other Officer authorised by him may cut open any road or drains for the purpose of laying new or repairing the existing mains or pipe lines, provided that previous notice of not less than three days is given to the concerned local authority except in very emergent circumstances, he shall be responsible for bringing the portion so cut upto the normal level.

Provided that no such notice or action is necessary when road cutting charges prescribed for such local authority are duly paid.

Rule - 44. Ownership and operation of meters and other appliances

In the case of the communication pipe and the stop-cock the Board shall have the freedom to operate them for purpose of management and control. All meters or other appliances for measuring or limiting the amount of water supplied within or outside the premises shall be the property of the Board.

Rule - 45. Unusual drought, war or other accidents

The Board shall not be liable for any compensation, penalty, damages or other payment for failure of water supply occasioned by unusual drought, operations of war or other accidents, act of God or other causes beyond Boards control.

Rule - 46.

The powers of officers as envisaged in these rules, will concurrently be exercised by all other concerned superior officers of the Board.

Rule - 47.

In the event of any ambiguity arising in interpreting the rules, the decision of the Government shall be final and binding

 

ANNEXURE

(See Rule 41)