The huge hike in water tariffs in Mysore city is in all the papers and
is the hottest topic of discussion among Mysoreans. Let us examine how a
water tariff hike can be effected.
According to Sec. 191 of the Karnataka Municipal Corporations
Act, 1976, payment for water usage should be made at such rates, at such
times and under such conditions as may be specified by bye-laws. Sec.
220 (1) of the Act states that MCC may make bye-laws relating to water
supply. Therefore, MCC can effect a water tariff hike by making a bye-law. Let us now see how MCC can make a bye-law.
According to Sec. 426 of the Act, a draft of the bye-law should
be published in the Gazette and the local newspapers. It should be
available for inspection by the public for at least one month till which
time no action should be taken on the draft bye-law.
Once the bye-law is made by MCC, it must be sanctioned by the
state government (Sec. 425 of the Act) and published in the gazette
(Sec. 428 of the Act). The bye-law will come into effect three months
after it has been published in the gazettes (Sec. 428 of the Act).
Sec. 427 of the Act permits the state government to make rules
in place of bye-laws. Such rules will override any bye-laws made by MCC.
But before making the rule, the state government should issue a notice
to MCC asking it to show cause for not making a rule.
Therefore, water tariff can be changed in two ways only, making a bye-law by MCC or making a rule by the state government. It is not clear
which route was taken in the present water tariff hike. If the bye-laws
were changed without publishing the draft in the local newspapers, the bye-law change and hence the tariff hike would be illegal. If, on the
other hand, the state government made a rule without issuing a show
cause notice to MCC, the tariff hike would again be illegal.
P M Bhat, MGP