Chapter XXVI Chapter XXVI

Subject to the provisions of this Chapter, all the Municipal Legislation under the Reforma Administrativa Ultramarina (R. A. U.) or any other law in force immediately before the commencement of this Act in the Union territory corresponding to this Act shall, on the appointed day, stand repealed except as respect things done or omitted to be done thereunder.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law in force in the Union territory.

Notwithstanding anything contained in any repealed law or in any other law for the time being in force, the term or extended term of office of the Councillors or members of any existing Council shall expire at 12 midnight of such day as the Government may by notification in the Official Gazette appoint.

With effect on and from the appointed day, the following consequences shall ensue, that is to say — (a) the Municipal Councils (Camaras Municipals) (hereinafter and in section 329 called the “existing Councils”), shown in column 5 of Schedule I, which were functioning immediately before the appointed day, shall be deemed to be succeeded by the Councils shown against them in column 3 thereof (hereinafter called the “successor Councils”); (b) all property, movable and immovable, situated within the local area of a successor Council (and all interests of whatever nature and kind in such property) which vested in the corresponding existing Council immediately before the appointed day and which was being used immediately before the said day for the performance of any of the functions or duties which are required to be performed by the successor Council under the provisions of this Act, shall be deemed to be transferred to and shall vest, without further assurances to such successor Council, subject to all limitations, conditions and rights of interest of any person, body or authority in force or subsisting immediately before the appointed day; (c) all property, movable and immovable, situated outside the local areas of a successor Council but within the jurisdiction of a Village Panchayat constituted under the Goa, Daman and Diu Village Panchayats Regulation, 1962 (and all interests of whatsoever nature and kind in such property) which vested in an existing Council immediately before the constitution of such Village Panchayat for the performance of any of the functions or duties which are required to be performed by the said Village Panchayat under the provisions of the Goa, Daman and Diu village. Panchayats Regulation, 1962, and are not required by the Council for the performance of its duties under this Act, shall be deemed to be transferred to and shall vest, without further assurances in such Village Panchayat, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the appointed day; (d) all property, movable and immovable, wherever situated (and all interests of whatsoever nature and kind in such property) which vested in an existing Council immediately before the appointed day and which was being used by it for a function which on and from the appointed day is not required to be performed by an existing Council under the provisions of this Act or by a Village Panchayat under the Goa, Daman and Diu Village Panchayats Regulation, 1962, shall be deemed to be transferred to and shall vest, without further assurances, in the Government, subject to all limitations, conditions and right or interests of any person, body or authority in force or subsisting immediately before the appointed day; (e) all rights, liabilities and obligations of an existing Council (including those arising under an agreement or contract) shall be deemed to be the rights, liabilities and obligations of the corresponding successor Council, the Village Panchayat or the Government, according as the function or duty out of which such rights, liabilities and obligation have arisen, is required to be performed on and from the appointed day by such successor Council, Village Panchayat or the Government, as the case may be; (f) all sums due to an existing Council, whether on account of any tax or otherwise, shall be recoverable by the successor Council, Village Panchayat, or the Government, according as the duty or function out of which such sum has become due, is required to be performed on and from the appointed day by the successor Council, the Village Panchayat or the Government and the successor Council, the Village Panchayat or the Government, as the case may be, shall be competent to take any measure or institute any proceedings, which it would have been open to the existing Council or any authority thereof to that effect before the appointed day; (g) the municipal fund and liabilities other than those specified in sub-para (f) of an existing Council shall be deemed to be the municipal fund and liabilities of the successor Council; (h) all contracts made with and all instruments executed on behalf of an existing Council, shall be deemed to have been made or executed on behalf of the successor Council, the Village Panchayat or the Government, according as the duty and function, as a result of which such contract was made or the instrument executed is required on and from the appointed day to be performed by the successor Council, the Village Panchayat or the Government, as the case may be, and shall be performed accordingly; (i) all proceedings and matters pending before any authority under any of the repealed laws immediately before the appointed day, shall be deemed to be transferred to the corresponding authority under this Act competent to entertain and dispose of such proceedings or matters; (j) in all suits and legal proceedings pending on the appointed day in or to which an existing Council was a party, the successor Council or local authority shall be deemed to have been substituted therefor; (k) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law, regulation or form held, made, issued, imposed or granted by or in respect of an existing Council under any of the repealed laws or any other law for the time being in force in the area of such existing Council, and in force immediately before the appointed day, shall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force as if made, issued, imposed or granted in respect of the corresponding area of the successor Council, until superseded by an authority competent so to do: Provided that— (i) no rule made under any of the repealed laws in respect of an existing Council and in force immediately before the appointed day shall be deemed to be inconsistent with the provisions of this Act by reason only of the fact that under this Act it is permissible to make only a bye-law or any other instrument other than a rule in respect of the matter provided for in such rule; (ii) the provisions of clause (i) of this proviso shall mutatis mutandis apply to any bye-laws, regulations, or any other instruments made under any of the repealed laws in respect of an existing Council and in force immediately before the appointed day; (l) all budget estimates, assessments, assessment lists, valuations, measurements and divisions made by or in respect of an existing Council under any of the repealed laws or any other law for the time being in force in the area of such existing Council and in force immediately before the appointed day, shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made by, or in respect of, the successor Council for that area; (m) any reference in any law or in any instrument to the provisions of any repealed law, shall, unless a different intention appears, be construed as a reference to the corresponding provisions of this Act; (n) any reference in any law or in any instrument to an existing Council shall, unless a different intention appears, be construed as a reference to the successor Council and such law or instrument shall apply to the successor Council; (o) any reference in the above clauses to an existing Council shall, in case such Council has been superseded or dissolved or is not otherwise functioning, be deemed, to be a reference to the person or persons appointed to exercise the powers and discharge the duties and functions of such Council.

All officers and servants in the employment of an existing Council immediately before the appointed day, shall be deemed to be transferred to the service of the successor Council and shall, until other provision is made by a competent authority, receive such salaries and allowances, pension, provident fund, gratuity and other retirement benefits and be subject to such other conditions of service, to which they were entitled immediately before the date of commencement of this Act: Provided that the conditions of service applicable immediately before that date to the case of any officer or servant so transferred to the service of the successor Council shall not be varied to his disadvantage except with the previous approval of the Government: Provided further that nothing in this section shall affect the powers of the successor Council to discontinue the service of any such officer or servant in accordance with the provisions of this Act.

Notwithstanding anything contained in section 51, it shall be the duty of every successor Council or local authority to continue to carry out any duty or to manage, maintain or look after any institution, establishment, undertaking, measure, work or service, which the existing Council had been responsible for carrying out, managing, maintaining or looking after immediately before the appointed day, until the Government by order relieves the successor Council or local authority of such duty or function.

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If any difficulty arises in giving effect to the provisions of this Act, the Government may, as the occasion requires, by order do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the appointed day.