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State of Gujarat - Section

Section 23 in The Gujarat Water Supply and Sewerage Board Act, 1978

23. Taking over of temporary management of water works or sewerage system of local body by Government.

(1)Notwithstanding anything contained in Section 21 or in the relevant local authority law for the time being in force, where the State Government is of the opinion, in the case of any water works or sewerage system operated and run by a local body in any area that the operation and management thereof should in public interest be taken over by the Board for a temporary period the State Government may by notification in the Official Gazette, direct the Board to take over for the purpose of operation and management such water works or sewerage system for such period not exceeding five years in the first instance, and on such terms and conditions as may be specified by the State Government in such notification and thereupon the local body concerned shall transfer such works or system to the Board and the Board shall take over from the local body such works or system for the aforesaid purpose and for the period and on the terms and conditions as aforesaid.
(2)It shall be lawful for the State Government to extend from time to time the period specified for the purpose of sub-section (1) in the case of any water works or sewerage system so however that such period in the aggregate does not exceed ten years.
(3)The terms and conditions to be specified under sub-section (1) may also include the terms and conditions relating to the restoration of the possession of the water works or sewerage system so taken over to the local body on the termination of the period specified under sub-section (1) or the period as extended under sub-section (2).
(4)The taking over of any water works or sewerage system by the Board under subsection (1) and the restoration thereof to the local body under sub-section (3) shall not prejudice any rights in respect of such works or system which any other person may be entitled by due process of law to enforce against the local body or the Board, as the case may be.