Bare ActsThe U.P. Water Supply and Sewerage Act, 1975

Section 100

Repeal and amendment

Amendment status not verified — confirm the current text below against the official source.

Repeal and amendment.- Except as provided in Section 99, on and from the day on which a Jal Sansthan is constituted comprising- (a) any city as defined in the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (U.P. Act 2 of 1959)-Sections 114 and 115 and Chapters X, Xl, XIX, XXIII and XXV of that Adhiniyam; (b) any Municipality as defined in the United Provinces Municipalities Act, 1916 (U.P. Act 2 of 1916)-Sections 7 and 8 and Chapters V, VII and IX of that Act; (c) any Town Areas defined in the United Provinces Town Areas Act, 1914 (U.P. Act 2 of 1914)-Sections 3, 14 and 25 and Chapters V and VI of that Act; (d) any Notified Area as defined in the United Provinces Municipalities Act, 1916 (U.P. Act 2 of 1916)-the provisions of that Act referred to in clause (b) as modified and extended in respect of that Notified Area; (e) any Khand as defined in the Uttar Pradesh Kshettra Samities and Zila Parishads Adhiniyam, 1961 (U.P. Act 23 of 1961)-or to the rural area of any district, as the case may be-Chapters III, VII, IX and XIV of that Adhiniyam; (j) any area comprised in the jurisdiction of a Gaon Sabha as defined in the U.P. Panchayat Raj Act, 1947 (U.P. Act 26 of 1947)-the provisions of Chapters IV and V of that Act; shall have effect as if the powers, duties and functions assigned by this Act to a Jal Sansthan including the power to hold any property for purposes of the said duties and functions, were excluded from the powers, duties and functions of the Mahapalika, the Municipal Board, the Town Area Committee, the Notified Area Committee, the Kshettra Samiti, the Zila Parishads or the Gaon Sabha, as the case may be. 32[100-A. Dissolution of Jal Sansthan and the consequences thereof.- (l) Notwithstanding anything contained in this Act or in any other law for the time being in force, where the State Government is satisfied that it is expedient in the 30.Subs. by U.P. Act 28 of 1978 and shall be deemed always to have been substituted. 31.Omitted by U.P. Act 28 of 1978. 32.Ins. by U.P. Act 16 of 1998. S. 2. S.102] U.P. WATER SUPPLY AND SEWERAGE ACT, 1975 37 public interest so to do, it may, by notification dissolve a Jal Sansthan constituted under this Act with effect from such date as may be specified in the notification. (2) On and from the date a Jal Sansthan is dissolved under sub-section (1),- (a) all properties and assets vested in and all dues recoverable by the Jal Sansthan shall vest in, and may be realised by such local body as exercised Jurisdiction in the local area immediately before the constitution of such Jal Sansthan hereinafter referred to as the local body; (b) all rights, liabilities and obligations of the Jal Sansthan, whether arising out of any contract or otherwise pertaining to Jal Sansthan shall be the rights, liabilities and obligations of the local body; (c) all suits and legal proceedings instituted or which might, but for such vesting and transfer, have been instituted by or against a Jal Sansthan may be continued or instituted, as the case may be, by or against the local body; (d) all existing water and sewerage services rights, liabilities and obligations thereto, mentioned in Section 33 of the Act, vested in or belonging to a Jal Sansthan, shall vest in and stand transferred to the local body and the provisions of Section 33 shall, mutatis mutandis. apply to such transfer to or vesting in the local body as they applied on transfer to or vesting in the Jal Sansthan; (e) Save as otherwise provided, every employee appointed under Section 27 of this Act or absorbed in the service of Jal Sansthan under sub-section (1) of Section 38 of the Act shall become employee of the local body and the provisions of Section 38 shall, mutatis mutandis, apply in respect of his transfer to the service of the local body as they applied in respect of transfer from local body to the Jal Sansthan; (f) employees governed by the Uttar Pradesh Palika Jal Kal and Jal Sansthan Abhiyantran (Kendriayit) Sewa Niyamawali, 1986 or working on deputation in Jal Sansthan shall continue to be members of their parent service and shall revert to the said service; (g) the enactments referred to in Section 100 shall continue to have effect in the same manner as they applied before the constitution of the Jal Sansthan.]

Section 100 – The U.P. Water Supply and Sewerage Act, 1975 | DailyLaw.ai