Section 13
Acts not to be invalzdated by uregula1zty, VIJcanq, etc.-No act doue or proceeding taken undtr thi~ Act bv the Authonty or <t sub-wmmillr·c appointed by the Authority be mvahdated merel} on the grouud of -
13. Acts not to be invalzdated by uregula1zty, VIJcanq, etc.-No act doue or proceeding taken undtr thi~ Act bv the Authonty or <t sub-wmmillr·c appointed by the Authority be mvahdated merel} on the grouud of -
(a) any vacancy in, or defect in the constitution of the Authority or any sub-committee thereof, or ; ·
(b) any defect or irrcgulanty in the appointme.1l o1 a p<'r>on .tcting' as a member thc>reof, or; .
(c) any defect or irregulant"y in such act or proccedi,tg, 110t affecting the ments of the case.
Functtons of the Authorzty -The Authonty shall perform .til or any of the followmg functions, namely :-
(I) preparation, execution, promottou, operation, maintefl,lllCC: and financmg of the schemes for the supply of water .md for the d1sposal of w water ;
(ii) ·rendcnng all necessary m regard to water and collection and disposal of waste water to the Government and on request to private institutions or individuals ;
(iii) preparation of State plans for water supply and collcclloll a.td disposal of waste water on the direcoom of the Government ;
(iv) fixation and revision of tanffs, ' and charges of water supply and maintenance service in the areas'covereJ by the water ~upply a and wa~te water of the Authority ;
(v) establishment of State standards for water ~upply and wa~te water services ;
(vi) all functions, not stated herem wluch were bemg p(·J ((1rmcd by the Public Health Engineermg Departm<'nl of the Government hefi,rr· the commencement of thi'l Act ,
(vu) assessment of the rcquireme11t' for manpower and in relation to water supply and sewerage sc1 vtecs in the State ;
(viii) carrying out applieJ. research for the efficient discharge ol the functions of the Authonty ,
(tx) makmg provision for the supply of wholesome w,1tcr anrl efficient sewerage services to the people m the State ;
(x) takmg other m J.'> m \Y be necessary to cnsme WJ.tcr supply m times of emergency ; and
. (x1) such other functions as may be entrusted to the Authority by the Government by notification in the Gazette. · ·
Powers of the Authorzty.-( I) The Authority shall, subject to the provisions of this Act, hav~ power to do anything which may be necessary or expedient for carryin.g out its functions under this Act.
Without preJUdice to the gen ~ ~rality of the foregoing provisions, such power shall include the power-
(i) to obtalll such periodic or specific information from any local body as it may deem necessary ; .
(ii) to prepare and carry out scheme3 for water supply and sewerage and to exercise al.J powers and perform all functions relating thereto :
Prj}vj~ed that the . power ?f sanctioning schemes. costmg more than rupees ·one crore5shall be exercised. only w1th the previOus approval of the Government ;
(ui) to lay do·vn the schedule of fees for all services r·~ndered by the Authonty to the Government, local bodies, institutions or Imhviduals, to Hx: or amend tariffs and charges for water supply and sewerage services and collect all such fees and charges for th<>se serv1~es as may be prescnbed :
Provided that any revision of tariffs and charges for water supply and sewerage services shall be made only with the prev10us approval of the Goverruncnt ;
(1v) to enter into contract or agreement wit{!. any person,firm or institution as the Authority may deem necessary, for performing its functions under this Act :
J v ve. Provided that any contract or agreement involving more than rupees one CrOle!.shall be entered IntO by the Authority only with the previous approval of the Government ;
(v) to adopt its own budgrt annually subject to the previous approval of the Government ,
(v1) to abstract water for drinkmg purpose from any natural source and wlth the permission of the Government for other purposes and dispose of waste \\ ater ;
(vu) to borrow money, issue debentures, to obtain subventions, capital con tnt utions, loans and grants, to incur expenditure and manage its own funds ;
. ~ (vii!) to grant loans and advances to such persons or authorities as the Authonty may deem neccssuy for performing the functions under this Act;
(ix:) to acquire, possess and hoH lands and other property, and to carry;any water or sewerage works through, across, over o( under any highway, road, street or place and alter reasonable notice in wnting to the owner or occupier, into, through, over or under any building or land ;
(x:) to accept gifts m kmd and in cash with the previous app10val of the Government. · ·
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CHAPTER III
VESTING OF PROPERTIES, ASSETS, LIABILITIES AND OBLIGATIONS AND TRANSFER OF EMPLOYEFS
Vestzng of property zn Authortty etc.-(!) establishment of the Authonty, (herem,tftcr in this "the appointed day"),As from the date ·of Chapter referred to as
(a)· (i) all rroperties a)ld assets (including water works, huildinga, laboratones, stores, vehicles, furniture and other f furni~hing), all the existing water surply and_ sewerage services, sewerage \vorks and sewage farms including, as the case may be, all plants, machineries, wau·r works, pumping stations, filter beds, water mains and public sewers in, along, over or under any public street and all buildings, ·lands and other works, materiah, stores and things appertaining thereto ; and
(i1) so much of the sub-soil appertaimng to the said. water mains and sewers as may be nece!'sary fot the purpose of enl.argmg, dcrpcning or othawise repa1ring or maintammg any such water mains and sewers or any pipes and other appliances and fittings connected with such wat(·r supply and sewerage services and sewage works· -and ~ewage farms whieh immedtately before the appointed day were vested in-the Government for the purposes of the Public Health Enginee1 ing·Dep-l.rtment,
shall vest m and stand transferred to the Authonty;
(b) (i) all the water: supply and sewerage services, sewerage works and sewage farms includm~ all the plants, machineries, pumping stations, distribution lines and public <ewers in, akng, over or under any public street and all buildmgs, lands and oth<'r works, materials, stores and thmgs appertaimng thereto, and
(ii) so much of sub-s01l appertaining to the said distnbution line, and sewers as may be necess<Jry for the purpose of en!.uging, deepening or otherwise repairing or maintaining apy such distribution lines and sewers or any pipes and other appliances and fittingn connected with such water supply and se\\erage service~ a and sewerage works vested in any local body and in respect of which maintenance of sewerage services and sewerage works, management and distribution of water supply or collection of charges which immedJat<'ly before the appomted day were attended to by the Public Health Engineering Department,
shall vest in and stand transferred to tbe Authonty;
(c) all the nghts, liabilities and obligation:~ of the Goventmcnt 'or the local body as the case may be >whether arising out of any contract or otherwise pertainmg to the said dep'lrt~t including tl1e right to recover arrears of water tax and sewage tax water chf!.rge, meter h1re and of nny cost or fees relatiiJg to water supply and sewerage zerv1ces shall be the rights, liabilities and obligations of the Authority ; and
(d) all the assets, nghts, !tabilities and oblig:ttions of the Kerala ::,tate Rural De\ elopment Board constituted under the Ke1·zda State Rural Dcvelopmeo.t Bo2rd Act, 1971 (IS of 1971), m so far as they penain to execution of water supply and sewemge schemes in the panchayat areas mcluding the right to recover an ea1 s of annual instalments from panchayats towards expenditure on water supply .1nd sewerage schemes under section 13 of the said Act, shall be the assets, rights, liabilities and obligations of the Authontyo
(2) The properties, assets, 1 ights, habiht1es and obligations referred to iu sub-section ( l) shall be valued in such manner as the Government may determme.
(3) All suits and other legal proceedmgs instituted or defended or which rmght but for the vrstmg a.1d transfer unC..:er sub-section (l) have becl'l or defended by or agalllst the Govcrnm1 nt or the \o:al body or the Rural Development Board, asothc C<J.Se may be, may be contmued or mstituted or defended by or agamst the Authonty
Roop's Law Assist