Amendment status not verified — confirm the current text below against the official source.
Vestzng of property zn Authortty etc.-(!) establishment of the Authonty, (herem,tftcr in this "the appointed day"),- As from the date ·of Chapter referred to as (a)• (i) all rroperties a)ld assets (including water works, huildinga, laboratones, stores, vehicles, furniture and other furni~hing), all the existing water surply and_ sewerage services, sewerage \vorks and sewage farms including, as the case may be, all plants, machineries, wau·r works, pumping stations, filter beds, water mains and public sewers in, along, over or under any public street and all buildings, ·lands and other works, materiah, stores and things appertaining thereto ; and (i1) so much of the sub-soil appertaimng to the said. water mains and sewers as may be nece!'sary fot the purpose of enl.argmg, dcrpcning or othawise repa1ring or maintammg any such water mains and sewers or any pipes and other appliances and fittings connected with such wat(·r supply and sewerage services and sewage works· -and ~ewage farms whieh immedtately before the appointed day were vested in-the Government for the purposes of the Public Health Enginee1 ing·Dep-l.rtment, shall vest m and stand transferred to the Authonty; (b) (i) all the water: supply and sewerage services, sewerage works and sewage farms includm~ all the plants, machineries, pumping stations, distribution lines and public <ewers in, akng, over or under any public street and all buildmgs, lands and oth<'r works, materials, stores and thmgs appertaimng thereto, and (ii) so much of sub-s01l appertaining to the said distnbution line, and sewers as may be necess<Jry for the purpose of en!.uging, deepening or otherwise repairing or maintaining apy such distribution lines and sewers or any pipes and other appliances and fittingn connected with such water supply and se\\erage service~ and sewerage works vested in any local body and in respect of which maintenance of sewerage services and sewerage • works, management and distribution of water supply or collection of charges which immedJat<'ly before the appomted day were attended to by the Public Health Engineering Department, shall vest in and stand transferred to tbe Authonty; (c) all the nghts, liabilities and obligation:~ of the Goventmcnt 'or the local body as the case may be >whether arising out of any contract or otherwise pertainmg to the said dep'lrt~t including tl1e right to recover arrears of water tax and sewage tax water chf!.rge, meter h1re and of nny cost or fees relatiiJg to water supply and sewerage zerv1ces shall be the rights, liabilities and obligations of the Authority ; and 84 (d) all the assets, nghts, !tabilities and oblig:ttions of the Kerala ::,tate Rural De\ elopment Board constituted under the Ke1·zda State Rural Dcvelopmeo.t Bo2rd Act, 1971 (IS of 1971), m so far as they penain to execution of water supply and sewemge schemes in the panchayat areas mcluding the right to recover an ea1 s of annual instalments from panchayats towards expenditure on water supply .1nd sewerage schemes under section 13 of the said Act, shall be the assets, rights, liabilities and obligations of the Authontyo (2) The properties, assets, 1 ights, habiht1es and obligations referred to iu sub-section ( l) shall be valued in such manner as the Government may determme. (3) All suits and other legal proceedmgs instituted or defended or which rmght but for the vrstmg a.1d transfer unC..:er sub-section (l) have becl'l m~t1tuted or defended by or agalllst the Govcrnm1 nt or the \o:al body or the Rural Development Board, asothc C<J.Se may be, may be contmued or mstituted or defended by or agamst the Authonty 170 Deczszon ofGovnnmell! on the vestl1lg of p1ofxrl)' to bcji1wl-Whcre any doubt or d1spute arise~ as to w hethcr any prope1 t y or asset has vested m the Authonty urder sectJ.JJl 16 or any nghts, liabilities or obhgatwns have become the rights, hab1hties and obligations of the Authonty under that section, such doubt or dispute shall be referred to the GovLrnment whose uceiSIO!l thereon shall Le final. I H 0 Vestzng -of ex!stuzg water supply and sewerage servzces wzde1 local bodzeso-( I) As from the date followmg the expiry of a penod of three years from the appointed day or such further penod as may be specified by the Government m this behalfby notification in the Gazettc,- (a) all the wate1. 0 wpply and sewerage services, sewerage ~101k~ ami sewage farms includmg all the plants, maehmeries, pumpmg stations. distribution lmes and pubhc sewer<> m, along, over or under any puLIIc street <>nd alJ buildings, lands and oth~r works, matenals, store~ and thmgs appertaining thereto; (b) w much of the sub-sod appertainmg to the said UlstnLutiOn lmes and sew<>rs as mav be necessary for the purpose of enlarging, deepcnmg or otherwise 1epairmg or maintaming any such d1stnbuuon lines and sewers or any p10cs and other appliances and fittingl> connected with such water supply and sewerage services and <>ewe I a·~c works; and 0 (c) .til nghts, l1abihtie~ aud obligations mcludll1g the 11ght to recover arrears ol water charges, meter hire and of any cost or feu relatmg to water supply and sewerage services, which immediately b~fore the above mentiOned date vested m any local body shall vest in and stard transferred to the Authority. (2) The pt opcrtw'>; as!>ets, nghb, liabilities :md obligatwns ref en ed tu In !>u_b-section (I) sh,dl he valued in such manner as the Gowrnment may dctcimine. • ,Y I l l I r i I I l __) 85 (3) Wbere any doubt or dispute arises as to whether any property l'lf a~set has vested in the Authonty or anv right, ltahility or obligation ha11 become the p~ht, ·liability or oblu~ation of the Authortty undrr tillS sccti~n, such doubt or dtspute shall be referred to the Government whose dccis1on thereon ~hall be final and bmding on th,. Authority and till' loc;ll body concerned.