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State of Maharashtra - Section

Section 89 in The Mumbai Municipal Corporation Act, 1888

89. Conditions affecting the vesting of the Vehar water works in the corporation.

(1)On the expiry of the term of ninety-nine years, commencing on the first day of July 1863, for which in accordance with section 64 of the Bombay Municipal Acts of 4 [1872] [Bombay 3 of 1872 and Bombay 4 of 1878 are repealed by Section 2 read with Schedule A of this Act.] and [1872] [Bombay 3 of 1872 and Bombay 4 of 1878 are repealed by Section 2 read with Schedule A of this Act.] the Vehar Lake and the property appurtenant thereto, hereinafter referred to as "the Vehar waterworks," were vested in the corporation the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor-in-Council' by the Adaptation of Indian Laws Order in Council.] Government] may direct that the said Vehar waterworks shall vest and the same shall in such case vest, in the corporation, on the conditions hereinafter provided and for the purposes of this Act, for such further period not exceeding ninety-nine years as shall seem expedient:
(2)Provided that on the expiry of the said first term of ninety-nine years or of any further term for which the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor-in-Council' by the Adaptation of Indian Laws Order in Council.] Government] may have directed that the said Vehar waterworks shall vest in the corporation, all rights and every power conveyed to the corporation shall forthwith cease and determine and the said Vehar waterworks shall revert to and become vested in [the State Government] [The words 'the State Government' were substituted for the words 'His Majesty for the purposes of the Provinces' by the Adaptation of Laws Order, 1950.]
(3)[ Notwithstanding anything contained in sub-sections (1) and (2), the State Government may at any time, by notification in the Official Gazette, direct that the Vehar waterworks shall, with effect from the date specified therein, vest in the Corporation permanently, subject to the conditions that the Corporation shall supply and continue to supply water to the Aarey Milk Colony from the Powai Lake and to the National Park at Borivli from such source as the State Government may from time to time specify. In both cases, the supply of water shall be in such quantities and at such rates and subject to such other conditions as the Corporation may, from time to time, with the approval of the State Government, determine. With effect from the date aforesaid, all rights and liabilities enforceable by or against the State Government in relation to the Vehar waterworks under any law for the time being in force or under any contract shall be enforceable by or against the Corporation.] [Sub-section (3) was inserted by Maharashtra 51 of 1975, Section 6.]