234A. - Vesting of the existing water supply and sewerage services under the water authority with the panchayat

  1. 184 [Notwithstanding anything contained in the Kerala Water Supply and Sewerage Act, 1986 (14 of 1986) or in any other law from such date, on the Government may by notification in the gazette appoint, in respect of the Water Authority before such date and intended for the benefit of the panchayat at any level and situated within its area, -
    1. all plants, machinery, water works, pumping station and all buildings and land thereto and all works, implements, stores, goods, implementation of works, management of water supply, distribution, levy and collection of water charge in connection therewith and is situated upon any public street, or through it or over or under it, as the case may be, within the area of the panchayat at any level including all assets and other facilities shall vest in the panchayat specified in the notification and shall stand transferred to that
      panchayat ; and
    2. the collection of arrears of sewage charge, water charge and meter charge and arrears of any expense or fees in connection with water supply and sewerage, and all rights, liabilities and obligations of the water authority even if arisen from any contract or otherwise related to the said authority shall be the rights, liabilities and obligations, as the case may be, of the panchayat specified in the notification.
  2. The assets, rights liabilities and obligations in sub-section (1) shall be valued in the manner specified by the Government and shall be furnished to the Water Authority by the panchayat concerned.
  3. If any doubt or dispute arises as to the vesting of any property or asset in the panchayat or any right, liability or obligation, has become that of the panchayat such doubt or dispute shall be referred to the Government and the decision of the Government thereon shall be final and the water authority and the panchayat concerned shall be bound to implement the decision.
  4. In order to continue to get the services in connection with the properties, assets, water supply and sewerage to a panchayat to which such services have been transferred under sub-section (1) sufficient number of Employees of the Water authority as may be decided by the Government shall be deployed to the concerned panchayat.
  5. If a notification is issued by the Government under sub-section (1), all powers and rights of the Water Authority under the Kerala Water supply and Sewerage Act, 1986 (14 of 1986) within the area of the said panchayat shall cease to exist from the date specified in the notification and all such powers and rights shall vest in the concerned panchayat.

184Added by Act 13 of 1999.