Chapter III VESTING OF PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS AND TRANSFER OF PROPERTY

1. (1) From such date as may be specified from time to rime, by the State Government (hereinafter in this section referred to as "the appointed date")--
   • (a) The properlies and assets (including water works, buildings, laboratories stores, vehicles, furnitures and other furnishing), which immediately before the appointed date, were vested In the State Govermenl for the purpose of the Orissa Pubtic Health Engineering Service shall vest in and stand transferred to the Board ; and
   • (b) the rightr, liabilities and obligations of thc State Government, whether arising out of any contract or otherwise pertaining to the said Service shall be the rights, liabilities and obligations of the Bowd from the appointed date.
2. (2) Such properties, assets, rights l~abilities and obligations shall be valued in such manner as the State Govcrnmcnt may determine.
3. (3) All suits and other legal proceedings with respect to the mailers referred to above institurd or to be inditued or defended by or againa thestate Govern- ment before the appointed date may lx wntinued, or instituted or defended by or against the Board.

Where any doubt or dispute arises as to whether any property or asset has vested in the Board under section 19 or any rights. liabilities or obligation have become the rights liabilities and obl~gat~ons of the Board under this section such doubt or dispute shall be referred to the State Government, whose decisicln shall be final.

1. (1) Notwithstanding anything contained in any law for the time being in force, the Board, may at any time with the previous approval of the State Government take over any water-supply and sewerage services for maintenance or augmentation or improvement from any local body and in such cases :-
   • (a) all the existing water supply and sewerage services, sewerage works and sewage farm, including, all plants, machineries, water works, pumping stations, water beds, water mains and public sewers in along over or under any public street and all buildings, lands and other work, materials, store and things appertaining thereto, belonging to or vested in that local body;
   • (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 sewage works and sewage farms; and
   • (c) all rights, liabilities and obligations of such local body relating to the things mentioned in clauses
   • (a) and
   • (b) including the right to recover arrears of water tax and sewerage tax, by whatever name called, and of any cost or fees or charges relating to water supply and sewerage services and also including liabilities arising from any loans advanced by Government or any other persons to the said local body for the things aforesaid, other than loans diverted to or utilised for purposes other than those referred to in clauses
   • (a) and (b) shall, on such date as may be specified by the Board stand trasnferred to and vested in the Board and be subject to its control.
2. (2) Such properties, assets, rights, liabilities and obligations shall be valued in such manner as the State Government may determine.
3. (3) Where any doubt or dispute arises as to whether any property or assets has vested in the Board under sub-section
4. (1) or any rights, liabilities or obligations have become the rights, liabilities or obligations of the Board under this section, such doubt and dispute shall be referred to the State Government, whose decision shall be final and binding on the Board and the local body concerned.
5. (4) For taking over any properties or assets of the local body, the Board shall pay to that body such amount as may be mutually agreed upon and in the absence of any such agreement, the State Government shall determine the amount to be paid to the local body on the basis of the valuation made under sub-section
6. (2) and after taking into consideration the statutory duty of the local body to provide water-supply and sewerage services, the grants received by the local body from time to time, the outstanding loan liabilities of the local body and such other relevant factors.

Board to assume obligations in respect of matters to which this Act applies for water works taken over from Local Bodies In respect of water works taken over from a local body by the Board, all debts and obligations incurred, all contracts entered into, all matters and things engaged to be done by/with or for any local body prior to taking over the water works by the Board shall be deemed to have been incurred, entered into or engaged to be done by/with or for the Board; and all suits or other legal proceedings instituted or which might, but for transfer and vesting under subsection

1. (1) of section 21, have been instituted for or defended by or against the local body, may be continued or instituted or defended by or against the Board.

1. (1) If the State Government is of opinion that it is in the public interest that the Board and other local bodies having jurisdiction over contiguous areas should coordinate their activities in relation to water supply services or sewerage services or both it may issue such directions to the Board and local bodies concerned as it may think fit.
2. (2) It shall be the duty of the Board and other local bodies to comply with such directions.

1. (1) Where on account of conferment of any powers, duties and functions of the Board by or under this Act, in the opinion of the State Government, the services of any officers and servants of the Government are required by the Board for efficient exercise of its powers, performance of its duties or discharges of its functions, the State Government, the Head of the Department, or the State Government may, from time to time having regard to the necessity therefor, by order depute to the Board such officers and servants to the Board, and the Board shall take them over and employ them on deputation, subject to the provisions of this section.