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Section 17: Transfer of assets and liabilities of the State Government to the Authority

The Uttar Pradesh Inland Waterways Authority Act, 2023State Act of Uttar Pradesh · Act 22 of 2023

17. (1) As from such day as the State Government may, appoint by notification in the Official Gazette, —

(a) all properties and other assets related or connected to inland waterways and water transport, water tourism and shipping vested in various departments of the State Government, immediately before such day, shall vest in the Authority;

(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the State Government immediately before such day for or in connection with the purposes of inland waterways and water transport, water tourism and shipping shall be deemed to have been incurred; entered into and engaged to be done by, with, or for the Authority;

(c) all non-recurring expenditure incurred by the State Government for or in connection with the purposes of inland waterways and water transport, water tourism and shipping up to such day and declared to be capital expenditure by the State Government shall, subject to such terms and conditions as may be determined by the State Government, be treated as capital provided by the State Government to the Authority;

(d) all sums of money due to the State Government in relation to inland waterways and water transport, water tourism and shipping immediately before such day shall be deemed to be due to the Authority;

(e) all suits and other legal proceedings with respect to any matter in relation to inland waterways and water transport, water tourism and shipping which having been instituted by or against the State Government and are pending, or which could have been so instituted, immediately before such date shall on and after such date be continued or instituted by or against the Authority.

(2) The Authority shall have the power to take employees from other Departments of Government of Uttar Pradesh / State Public Sector Undertakings / autonomous bodies on deputation basis or appoint regular employees or contract employees on its own as per procedure followed by the Government:

Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay to the State Government or concerned Department in respect of every such employee, such contribution towards his leave salary, pension and gratuity as may be prescribed by the State Government:

Provided further that any such employee who has, in respect of the proposal of the Authority to absorb him in its regular service, intimated, within such time as may be specified in this behalf by the Authority, his intention of becoming a regular employee of the Authority, shall be absorbed by the Authority in its regular service.

(3) If any dispute or doubt arises as to which of the properties, rights or liabilities of the State Government have been transferred to the Authority or as to which of the employees serving under the State Government are to be treated to be on deputation with the Authority under this section, such dispute or doubt shall be decided by the State Government in consultation with the Authority and the decision of the State Government thereon shall be final.

(4) Notwithstanding anything contained in any State law for the time being in force, the absorption of any employee by the Authority in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any Court, Tribunal or other Authority.

Where this provision sits

ActThe Uttar Pradesh Inland Waterways Authority Act, 2023
Section17
Marginal noteTransfer of assets and liabilities of the State Government to the Authority
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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