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State of Kerala - Section

Section 18A in Kerala Water Supply and Sewerage Act, 1986

18A. [ Power of Government to re-transfer certain Water Supply and Sewerage Services. [Inserted by Act No. 6 of 1993, dated 2.3.1993.]

(1)Notwithstanding anything contained in this Act, on a request by a resolution passed in this behalf, by the local body which has its own electricity distribution system, the Government may, if they consider it necessary so to do, by notification in the Gazette declare that the water supply and sewerage services and other items mentioned in clauses (a) and (b) of sub section (1) of section 18, which had been vested in the Authority under the said section shall, on and from the date specified in the notification, revest in and stand re-transferred to such local body, subject to such terms and conditions as may be mentioned therein and thereupon the local body shall exercise all powers and perform all functions relating thereto.
(2)All rights, liabilities and obligations relating to the water supply and sewerage services re-vested under sub-section (1), including the right to recover arrears of water charges, meter hire and of any cost or fees which were due to the Authority immediately before such re-vesting, shall vest in and stand transferred to the local body.
(3)Where any doubt or dispute arises as to whether any property or asset has re-vested in such local body under sub section (1) or any right, liability or obligation has become the right, liability or obligation of the local body under this section, such doubt or dispute shall be referred to the Government whose decision thereon shall be final and binding on the Authority and the local body concerned.
(4)The Authority shall lend the services of such number of employees as may be necessary, to do the work in connection with the water supply or sewerage services or sewerage works re-vested in the local body under sub-section (1) and the salary, allowances, and contributions, if any, due to such employees shall be paid by the local body.]