Section 4
Transfer of property for sewerage purposes
of Sewerage Services Enactment 2017
After the Government and a local authority have mutually agreed to the transfer of any moveable or immovable property vested in the local authority for purposes of sewerage systems and sewerage services, the Minister may by order published in the
Gazette appoint a date and on that date the moveable or immovable property shall be transferred to and vested in the Government in accordance with the terms and conditions mutually agreed to by the parties concerned.
(2)
Where any property vested in, reserved for or alienated to a local authority for purposes of sewerage systems and sewerage services immediately prior to the coming into operation of this Enactment is needed for those purposes under this Enactment but no agreement is reached between the parties referred to in subsection (1) with respect to the transfer of that property, the property may be acquired by the Government-
(a)
in the case of land, in accordance with the Land Acquisition Ordinance
[Cap. 69]; and
(b)
in the case of any other property, upon payment of adequate compensation, and for the purposes of the law referred to in paragraph (a), the land shall be deemed to be needed for a public purpose.
(3)
Any property transferred to the Government under subsection (1) or acquired by the Government under subsection (2) shall vest in the Government without any
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conveyance, assignment or transfer and shall be so vested for the like title, estate or interest and on the like tenure as the property was vested before the transfer or acquisition.
(4)
Where any property is vested under this section in the Government, all rights enjoyed wholly or mainly in connection with that property before the vesting date shall, as from the vesting date, be transferred to and vested in the Government.
(5)
Any proceedings or cause of action pending or existing immediately prior to the vesting date by a local authority in respect of any property or right transferred to the
Government under this section may be continued and enforced by the Government.
(6)
Every chose-in-action vested in the Government under this section may be sued on, recovered or enforced by the Government, and it shall not be necessary for the
Government to give notice to the person bound by the chose-in-action of the vesting effected by this section.
(7)
Every right transferred to the Government under this section may, on and after the vesting date, be sued on, recovered or enforced by the Government and it shall not be necessary for the Government to give notice to the person whose right is affected by the vesting under this section.