(1) This Act may be called the Hyderabad Metropolitan Water Supply (Validation of Water Rates and Service Charges) Act, 1988.

(2) It shall be deemed to have come into force on the 18th November, 1986.

In this Act unless the context otherwise requires,

(a) area means such of the portion of the Hyderabad City and the Hyderabad District which are now served by the Hyderabad Metro Water Works and shall include such other area as the Government, may, by notification in the official. Gazette include in the area to be served by the Hyderabad Metro Water Works;

(b) authority means the Hyderabad Metro Water Works Authority constituted under section 3 of this Act;

(c) consumer means any owner or occupant of a house building, factory, garden, open ground which served by a pipe connection from the Hyderabad Metro Water Works and includes any society, association, body or group which is the owner or occupier of such building, factory, garden or open ground;

(d) department means the Hyderabad Metro-Water Works Department;

(e) rates means the amount payable by a consumer to the Department for the water consumed from the pipe connection taken from the Hyderabad Metro Water Works according to the scale of charges fixed by the Authority from the time to time under section 5.

For the purposes of this Act, the Minister for Municipal Administration Department shall be the Hyderabad Metro Water Works Authority.

The Authority may, by notification order,

(1)(a) the fixing within such time as may be specified in the said notification by the consumers at their own cost, of meters of all pipe connections, whether new or existing a met area connections within the whole of the area or a part thereof;

(b) the disconnection of water supply, should any consumer fail to comply with such order; or

(2) the fixing of meter departmentally or otherwise at the cost of the consumer.

The authority may, by notification order the collection by the department of a rate from every consumer either according to the size of the pipe connection or upon fixing off meters on the quantity of water consumed as measured by the matters.

The authority may, by notification from time to time, fix and vary the rate, for the metered and non-metered, filtered and unfiltered water according to the nature, of the use of the water is put to, whether for the domestic, commercial, industrial or any other purpose as the case may be.

The authority may, by notification, order the collection by the Department of a rate, from every consumer and the pipeline service charges for giving new connections, according to the nature of the use of the water is put to, whether for domestic, commercial, industrial or any other purpose as the case may be and may vary the rates from time to time.

Notwithstanding anything in any Judgement, decree, order of any Court or Tribunal or other Authority to the contrary, no levy and collection of water charges as specified in G.O.Ms. No. 645, Housing, Municipal Administration and Urban Development Department, dated the 29th November, 1986 and in G.O.Ms. No. 953, Housing, Municipal Administration and Urban Development Department, the 27th November, 1987 and no collection of pipeline service charges as specified in G.O.Ms. No. 635, Housing, Municipal Administration and Urban Development Department, dated the 18th November, 1986, from the consumer whether for domestic, commercial, industrial or any other purposes as the case may be, shall be deemed to be invalid or ever to have become invalid by reason only of the fact that such levy and collection was made when no provision for such levy and collection was made and accordingly the levy and collection of the water rates and pipeline service charges as specified in the aforesaid Government orders shall be deemed to have been levied and collected under the said orders as if this Act, was in force on the day on which the charges were so levied and collected and accordingly,

(a) no suit or other proceeding shall be maintained or continued in any court against the State Government or any person or authority whatsoever for the refund of any water rate or pipeline, service charges; and

(b) no court shall enforce any decree or order directing the refund of such charges.

The Hyderabad Metropolitan Water Supply (Validation of Water Rates and Service Charges) Ordinance, 1988 is hereby repealed.

1. Received the assent of the Governor on the 13th September, 1988. For Statement of Objects and Reasons, please see the Andhra Pradesh Gazette, Part IV-A, Extraordinary, dated the 10th August, 1988, at pages 5 & 6.