Sri Lanka Consolidated Acts

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National Water Supply and Drainage Board Law (No. 2 of 1974) - Sect 61

Contents of transfer scheme

61.
(1) A transfer scheme prepared under this Law in respect of the water supply or sewerage undertaking carried on by a local authority shall provide for the transfer to the Board of such undertaking, and may, subject to the provisions of subsection (2), also provide-
(a) for the transfer to, and the vesting in, the Board of any movable or immovable property of such authority used for the purposes of such undertaking;
(b) for the transfer to the Board of all or any rights, obligations and liabilities of such authority, relating to or connected with such undertaking, and for the adaptation or modification of contracts or other instruments for the purpose of giving effect to the transfer of such rights, obligations and liabilities from such authority to the Board;
(c) for the adaptation or modification of any written law to such extent as may be necessary for the purpose of enabling the Board to carry on such undertaking in lieu of such authority;
(d) for such financial adjustments between such authority and the Board as may be necessary in consequence of any such transfer; and
(e) for any other matter supplementary to, or consequential on, the matters aforesaid including the continuation of legal proceedings.
(2) A voluntary transfer scheme shall bear the seal of the Board and the local authority in token of its preparation by the Board and such authority.
(3) A compulsory transfer scheme shall bear the seal of the Board in token of its preparation by the Board.
(4) For the purpose of financial adjustments under paragraph (d) of subsection (1) the value of movable and immovable property taken over shall be the depreciated value of that part of the work or works financed by the local authority but shall exclude such works or parts of works carried out with grants or contributions from the Central Government.

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