Vidhi Codex

section 325

Power of Govt. to make suitable provisions by order when a municipal area is created or altered.

The Daman and Diu Municipalities Regulation 1994
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Statutory text
  1. (1) In this section, unless the context otherwise requires—
    • (a) "specified day" means the day from which any local area is declared to be a municipal area under sub-section (1) of section 3 or the day from which a change referred to in any of the clauses (a) to (e) of sub-section (1) of section 6 takes effect;
    • (b) "existing local authority", in relation to any local area, means the Municipal Council or the panchayat having jurisdiction over such area immediately before the specified day;
    • (c) "successor local authority" in relation to any local area, means the Municipal Council or the panchayat having jurisdiction over such area from the specified day;
    • (d) "Panchayat" means a village panchayat established or deemed to be established for any village or group of villages under the Goa, Daman and Diu Village Panchayats Regulation, 1962.
  2. (2) When—
    • (a) any local area is declared to be a municipal area;
    • (b) any local area is added to a municipal area;
    • (c) any local area is excluded from a municipal area;
    • (d) two or more municipal areas are amalgamated into one municipal area; or
    • (e) a municipal area is split up into two or more municipal areas, the Government may, notwithstanding anything contained in this Regulation or any other law for the time being in force, by an order published in the Official Gazette, provide for all or any of the following matters, namely :—
      • (i) in a case falling under clause (a) or (d), the constitution of an interim Council consisting of such number of Councillors appointed by the Government or of Councillors elected by the members or councillors of the existing local authorities or consisting partly of such appointed Councillors and partly of such elected Councillors, as the Government may determine, until the successor Council is in due course constituted under this Regulation;
      • (ii) in a case falling under clause (b), the interim increase in the number of Councillors, either by appointment of the additional Councillors by the Government or by election by the members of the existing local authorities or partly by such appointment and partly by such election, as the Government may determine, until the successor Council is in due course constituted under this Regulation;
      • (iii) in a case falling under clause (c), the removal of the Councillors, who in the opinion of the Government, represent the area excluded from the municipal area;
      • (iv) in a case falling under clause (e) the appointment of an administrator or administrators to exercise the powers and to perform the duties and the functions of the successor Councils, until such Councils are in due course constituted under this Regulation;
      • (v) the term for which the Councillors appointed or elected under clause (i) or (ii) or the administrators appointed under clause (iv) shall hold office and the manner of holding election and filling casual vacancies;
      • (vi) the transfer, in whole or in part, of the assets, rights and liabilities of an existing local authority (including the rights and liabilities under any agreement or contract made by it) to any successor local authorities or the Government and terms and conditions for such transfer;
      • (vii) the substitution of any such transferee for an existing local authority or the addition of any such transferee as a party to any legal proceeding to which an existing local authority is a party; and the transfer of any proceedings pending before the existing local authority or any authority or officer subordinate to it to any such transferee or any authority or officer subordinate to it;
      • (viii) the transfer or re-employment of any employees of an existing local authority to, or by, any such transferee or the termination of service of any employees of an existing local authority and the terms and conditions applicable to such employees after such transfer or re-employment or termination;
      • (ix) the continuance within the area of an existing local authority of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under this Regulation;
      • (x) the extension and commencement of all or any appointments, notifications, notices taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted under this Regulation by, or in respect of, any existing Council and in force within its area immediately before the specified day, to and in all or any of the other areas of the successor Council, in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations of forms (if any) in force in such other areas immediately before the specified day, until the matters so extended and brought into force are further superseded or modified under this Regulation;
      • (xi) the continuance within the area of an existing local authority of all or any budget estimates, assessments, assessment lists, valuations, measurements or divisions made or authenticated by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under the relevant law;
      • (xii) the removal of any difficulty which may arise on account of any change referred to in clause (a) to (e).
  3. (3) Where an order is made under this section transferring the assets, rights and liabilities of an existing local authority, then, by virtue of that order, such assets, rights and liabilities of the existing local authority shall vest in and be the assets, rights and liabilities of, the transferee. (4)(a) Where an order is made under this section, the Director shall, before the expiry of the term of the Councillors or municipal administrators appointed or elected under paragraph (i), (ii) or (iv) or of the Council in whose case the number of Councillors is reduced under paragraph (iii) of sub-section (2), take steps in accordance with section 9 of this Regulation, for the purpose of determining the number of Councillors of, and for holding election for, the new Council or Councils, as the case may be;
    • (b) the Councillors of the interim Council or of the Council in whose case there is an interim increase or reduction in their number or the administrator or administrators appointed or...

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