Section 26A in Punjab Water Supply and Sewerage Board Act, 1976
26A. [ Vesting management of water supply and sewerage services in Board. [Inserted by Punjab Act 31 of 1978.]
(1)Notwithstanding anything contained in sub-section (1) of Section 26, where the Government is of opinion that it is in public interest to do so, it may, after giving an opportunity to the local authority and the Board, direct that the water supply and sewerage services of any local authority shall vest in the Board for the purposes of management including administration, maintenance and operation from such date (hereinafter referred to as the appointed day) and for such period, not exceeding three years (hereinafter referred to as the period of management) as may be specified in the direction and where any water supply and sewerage services are executed during the period of management such services shall vest in the Board for the aforesaid purposes for the remaining period of management.(2)The water supply and sewerage service shall be deemed to include -(a)all the water and sewerage services, sewerage works and sewage farms including, as the case may be, all plants, machineries, water works, pumping stations, filter beds, water mains and public sewerage in, along, over or under any public street and all buildings, lands and other works, materials stores and things appertaining thereto, belonging to or vested in that local authority.(b)so much of the sub-soil appertaining to the said water, mains and sewers as may be necessary for the purpose of enlarging, deepening or otherwise repairing or maintaining any such water mains and sewers or any pipes and other appliances and fittings connected with such water supply and sewerage services and sewerage and sewerage works and sewage farms.(3)On and from the appointed day, the right to assess and collect any tax, fee, cost or charges levied by the concerned local authority in relation to the water supply and sewerage services, including the right to recover arrears of such tax, fee, cost or charges shall stand transferred to and vest in the Board and shall remain so vested during the period of management.(4)Where any doubt or dispute arises as to whether any property or asset has vested in the Board under sub-section (1) or any right has become the right of the Board under sub-section (3), such doubt or dispute shall be referred to the Government for decision which shall be final and binding on the Board and the local authority concerned.
