315. [ Vesting of existing water supply and sewerage, services under the water authority in the Municipality. [Substituted by by Act 14 of 1999, w.e.f. 24-3-1999.]
(1)Notwithstanding anything contained in the Kerala Water Supply and Sewerage Act, 1986 (14 of 1986) or in any other law, from the date specified by the Government by notification in the Gazette, in respect of water supply and sewerage for any of the Municipality and situated only within its area and vested in the Water Supply Authority immediately before such date,-(a)all assets including other equipments, all plants, machineries, water works, pumping station, as the case may be, in, along, over or under any public streets in the area of Municipality, all buildings lands and other works, materials, stores and things appurtenant thereto, all the water supply and sewerage service, sewerage works and sewage forms and all buildings, lands, other works, materials stores, and things, execution of works, conduct of water supply, distribution, fixing water charge, collection etc., shall vest in and stand transferred to the Municipality referred in the notification; and(b)all the rights, liabilities and obligations of the Water Authority as the case may be, whether arising out of any contract or otherwise relating to the water authority, the right to recover arrears of sewerage charge, water charge, meter rent and of any cost of fees relating to water supply and sewerage services, shall be the rights, liabilities and obligations of the Municipality specified in the notification.(2)The properties, assets, rights, liabilities and obligations referred to in sub-section (1) shall be valued in such manner as may be fixed by the Government and shall be given to the water authority by the respective Municipality in the manner prescribed.(3)Where any doubt or dispute arises as to whether any property or asset has vested in the Municipality or any rights, liabilities or obligations have become the rights, liabilities and obligations of the Municipality under this section, such doubt or dispute shall be referred to the Government whose decision thereon shall be final and the Water Authority and the concerned Municipality are bound to implement it.(4)The Municipality to which the properties, assets, and service relating to water supply and sewerage construction have been transferred under sub-section (1), necessary staff of the Water Authority as may be required to continue such service shall be conceded to that Municipality as decided by the Government.(5)On issuing a notification by the Government under sub-section (1), from the date specified in the notification, the Water Authority shall be excluded from all the powers and rights which it had under the Kerala Water Supply and Sewerage Act, 1986 (14 of 1986) within the area of the said Municipality and the concerned Municipality shall perform all such powers and rights.
