TRANSFER OF ASSETS, LIABILITIES AND SERVICES RELATING TO WATER SUPPLY & SEWERAGE TO THE BOARD
Transfer of assets liabilities and services
From such date the government may appoint by notification in the official Gazette:
The Water Supply and Sewage Disposal Account of the Municipal Fund constituted under the D.M.C. Act, 1957 and all properties, assets and liabilities under the control of the Delhi Water Supply & Sewage Disposal Undertaking immediately before such date, shall vest in the Board;
All properties, assets and liabilities to sewerage under the control of the Municipal Corporation immediately before such date, shall vest in the Board;
All officers and employees of the Delhi Water Supply & Sewage Disposal Undertaking and all such employees of the Municipal Corporation of Delhi who are engaged mainly in connection with water supply and sewage disposal shall become employees of the Board with such designation and discharging such functions as the Board may determine and they shall hold office for the same tenure, and at the same remuneration and on the same terms and conditions, as they would have held if the Board had not been established and shall continue to do so until such tenure and remuneration and terms and conditions are duly altered by the Board. Provided that the tenure, remuneration and terms and conditions of service of any such officer or employees shall not be altered to his disadvantage without the previous approval of the Government: Provided further that any services rendered by any other officer or employee before the establishment of the Board shall be deemed to be servies rendered under the Board. Provided also that the Board may employ any such officer or other employee in the discharge of such functions under this act as the Board may think proper and every such officer or other employee shall discharge those functions accordingly;
Every employee whose services are transferred under clause (C) of sub-section 10 and who is in lawful occupation of any residential accommodation allotted to him by virtue of his employment, shall subject to such conditions as may be fixed by the Board, be entitled to continue such occupation.
The Board may take over such assets and liabilities and properties, both movable and immovable, of any existing organization under the control of the Central Government or the Government or of any local authority, with the prior agreement of the Central Government, the Government or the local authority concerned on such terms as may be agreed upon.
Conditions for taking over of services of employees
When the board takes over any assets or liabilities or property of any organization under section 46 sub-section (2), it may also take over the services of any employee of such organization, and if it does so, the provision of section 46 shall apply to such employee.
Ban on compensation claim due to transfer of service to the Board.
Notwithstanding anything contained in the industrial disputes Act, 1947 or any other law for the time being in force, the transfer of the services of any person to the Board under this Act shall not entitle such person to any compensation under any law and no such claims shall be entertained by any court, tribunal or other authority.
All notifications, orders, bye-laws etc.issued prior to formation of board to continue in force
Any notification, order, scheme, bye-law form or notice made or issued and any licence or permission granted by any authority, in so far as it relates to water supply, sewerage and management of ground water, shall continue in force and shall be deemed to have been made, issued or granted under the provisions of this act, unless it is superseded by any notification; scheme, order, regulation, form or notice made or issued or any licence or permission granted under this Act.
Utilities laid prior to formation of Board to vest in the Board.
All drains which are municipal drains under the control of the Delhi Water Supply & Sewage Disposal Undertaking constituted under the DMC Act, 1957, and all water pipes, within the meaning of the DMC Act, 1957, existing at the commencement of this Act, together with all ventilation shafts, pipes and all appliances and fittings pertaining to such drains or pipes and the sub-soil appurtenant thereto shall vest in the Board.