31. As from the date of establishment of the Nigam hereinafter referred to as "the appointed date", - — (U. P. ACT no. 43 of 1975)

[31. As from the date of establishment of the Nigam hereinafter referred to as "the appointed date", -

1 [31. As from the date of establishment of the Nigam hereinafter referred to as "the appointed date", - (a) all properties and assets (including waterworks, buildings, laboratories, stores, vehicles, furniture's and other furnishing) which immediately before the appointed date were vested in the erstwhile Uttar Pradesh Jal Nigam shall vest in and stand transferred to the Nigam, as the State Government may by an order determine; (b) all the rights, liabilities and obligations of the erstwhile Uttar Pradesh Jal Nigam whether arising out of any contract or otherwise pertaining to the said department shall be the rights, liabilities and obligations of the Nigam. such properties, assets, rights, liabilities and obligations shall be valued in such manner as the State Government may determine. the State Government may take stock of property, assets, liabilities and obligations of Nigam from time to time and can direct for vesting, transfer or reallocate the same between the Uttar Pradesh Jal Nigam (Urban) and Uttar Pradesh Jal Nigam (Rural) by any general or specific order as prescribed. Where, immediately before the appointed day, the erstwhile Uttar Pradesh Jal Nigam is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the Nigam under this Act, the Nigam that succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the erstwhile Uttar Pradesh Jal Nigam or added as a party to those proceedings, and the proceedings may continue accordingly." Where any doubt or dispute arises as to whether any property or asset has vested in the Nigam under section 31 or any rights, liabilities or obligations have become the rights, liabilities and obligations of the Nigam under that section, such doubt or dispute shall be referred to the State Government whose decision shall be final. (1) Wherever a Jal Sansthan is constituted by the State Government under section 18 – (a) all the existing water supply services, and where the Jal Sansthan undertakes the functions specified in clause (ii) of section 24, all the existing sewerage services, sewage works and sewage farms, including, as the case may be, all plants, machineries, waterworks, pumping stations, filter beds, water mains and public sewers in, along, over or under any public street, and all buildings, lands and other works, materials, stores and things appertaining thereto, belonging to or vested in every local body within the area of the Jal Sansthan ; (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 worke and sewage frame; 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 relating to water supply and sewerage services and also including liabilities arising from any loans advanced by the Government or any other person 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 with effect from the date of the constitution of the Jal Sansthan (hereinafter in this Chapter referred to as "the said date"), vest in and stand transferred to the Jal Sansthan and be subject to its control. (2) Such properties. assets, rights, liabilities and obligations shall be valued in such manner as the State Government may determine. (3) Where any doubt or dispute arises as to whether any property, or asset has vested in the Jal Sansthan under sub-section (1) or any rights, liabilities or obligations have become the rights, liabilities or obligations of the Jal Sansthan under this section, such doubt or dispute shall be referred to the State Government whose decision shall be final and binding on the Jal Sansthan and the local body concerned.

Section 1