Transitional provisions

(1) All property, all rights of whatever kind used, enjoyed or possessed by, and all interests of whatever kind owned by, or vested in, or held in trust by or for the Council, with all rights of whatever kind used, enjoyed or possessed by the said Council as well as all liabilities legally subsisting against the said Council, shall, on and from the commencement of this Act and subject to such directions as the Government may, by general or special order, give in this behalf, pass to the Corporation. (2) All arrears of taxes or other payments by way of composition for a tax or due for expenses or compensation, or otherwise due to the said Council at such commencement may be recovered as if they had accrued to the Corporation and may be recovered as if the said arrears or payments had become due, under the provisions of this Act. (3) Save as otherwise provided in sub-section (3-A), all taxes, fees and duties, which immediately before the commencement of this Act, were being levied by the said Council, shall be deemed to have been levied by the Corporation under the provisions of this Act and shall continue to be, in force accordingly until such taxes, fees and duties are revised, cancelled or superseded by anything done or any action taken under this Act. (4) In the case of lands and buildings vested in the trustees of the Visakhapatnam Port Trust, it shall be lawful for the Corporation to levy by resolution in any year, a property tax at the rate of four percentum of the annual gross earnings of the said Trust, in the year immediately preceding such levy. (4) All proceedings taken by or against the Council or authority or any person under the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), may be continued by or against the Corporation, authority or person as if the said proceeding had been started under the provisions of this Act. (5) Any action taken under the Andhra Pradesh Municipalities Act, 1965, by any authority before such commencement shall be deemed to have been taken by the authority competent to take such action under this Act as if this Act had then been in force. (6) Notwithstanding anything in this Act, every officer or employee who, immediately before such commencement was in the service of the municipality shall be deemed to be an officer or employee of the Corporation: Provided that - (i) the terms and conditions applicable to such officers and employees consequent on their absorption in the service of the Corporation shall not be less favourable than those applicable to such employees immediately before such commencement, as respects pay and allowances, leave, pension, gratuity, provident fund and age of superannuation; and (ii) the service rendered by any such officer or other employee under the municipality upto such commencement shall be deemed to be service under the Corporation and he shall be entitled to count that service for the purpose of increments, leave, pension, or provident fund and gratuity: Provided further that any officer or other employee serving in the municipality shall be given an option to be exercised within such time and in such manner as may be prescribed either to be absorbed in the service of the Corporation or to be retained in the service constituted, under section 72 of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), or to be retrenched from the service of the Municipality on such retrenchment benefits as may be prescribed. (7) Any division of the Visakhapatnam Municipality into wards made under the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) and in force at the commencement of this Act shall, be deemed to be a division of the Corporation. (8) The electoral roll prepared for the Visakhapatnam Municipality under the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), and in force at the commencement of this Act shall, be deemed to be the electoral roll for the Corporation until a new electoral roll is prepared and published; and the part of the said electoral roll relating to each ward of the municipality shall be deemed to be the list of the electoral roll for the corresponding division of the Corporation. (3) [This sub-section likely relates to the preceding page; contents start from sub-section (4)] (4) All proceedings taken by or against the Council or authority or any person under the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), may be continued by or against the Corporation, authority or person as if the said proceeding had been started under the provisions of this Act.

(5) Any action taken under the Andhra Pradesh Municipalities Act, 1965, by any authority before such commencement shall be deemed to have been taken by the authority competent to take such action under this Act as if this Act had then been in force.

(6) Notwithstanding anything in this Act, every officer or employee who, immediately before such commencement was in the service of the municipality shall be deemed to be an officer or employee of the Corporation:

Provided that - (i) the terms and conditions applicable to such officers and employees consequent on their absorption in the service of the Corporation shall not be less favourable than those applicable to such employees immediately before such commencement, as respects pay and allowances, leave, pension, gratuity, provident fund and age of superannuation; and (ii) the service rendered by any such officer or other employee under the municipality upto such commencement shall be deemed to be service under the Corporation and he shall be entitled to count that service for the purpose of increments, leave, pension, or provident fund and gratuity:

Provided further that any officer or other employee serving in the municipality shall be given an option to be exercised within such time and in such manner as may be prescribed either to be absorbed in the service of the Corporation or to be retained in the service constituted, under section 72 of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), or to be retrenched from the service of the Municipality on such retrenchment benefits as may be prescribed.

(7) Any division of the Visakhapatnam Municipality into wards made under the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) and in force at the commencement of this Act shall, be deemed to be a division of the Corporation.

(8) The electoral roll prepared for the Visakhapatnam Municipality under the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), and in force at the commencement of this Act shall, be deemed to be the electoral roll for the Corporation until a new electoral roll is prepared and published; and the part of the said electoral roll relating to each ward of the municipality shall be deemed to be the list of the electoral roll for the corresponding division of the Corporation.