Power of State Government to make suitable provisions by order when a municipal borough altered

Power of State Government to make suitable provisions by order when a municipal borough altered. (1) When-

(a) any local area is added to a municipal borough;

(b) any local area is excluded from a municipal borough;

(c) two or more municipal boroughs are amalgamated into one municipal borough; or

(d) a municipal borough is split up into two or more municipal boroughs,

the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazelle, provide for all or any of the following matters, namely :-

(i) in a case falling under clause (a), the election of the councillors for the additional area shall be held within a period of six months from the appointed day in accordance with the provisions of the Act. The duration of such Councillors shall be for the remainder duration of municipality to which new area is added;

(ii) in a case falling under clause (b), the removal of the councillors, who in the opinion of the State Government represent the area excluded from the municipal borough;

(iii) in a case falling under clauses (c) and (d), the municipalities shall stand dissolved on the appointed day and the municipality shall be reconstituted within a period of six months from the appointed day in accordance with the provisions of this Act. The duration of such reconstituted municipality and the councillors shall be same as provided in section 8 of this Act;

(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 contract made by it) to any successor local authorities * * * * * and the 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 services 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, notification, notices, taxes, orders, schemes, licences, permission, rules, bye-laws, 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 appointed day, until superseded or modified;

(x) the extension and commencement of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms, made, issued, imposed or granted under this Act by or in respect of, any existing municipality and in force within its area immediately before the appointed day, to and in all or any of the other areas of the successor borough municipality, in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms (if any) in force in such other areas immediately before the appointed day, until the matters so extended and brought into force are further superseded or modified under this Act;

(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 appointed day, until superseded or modified;

(xii) the removal of any difficulty which may arise on account of any change referred to in clauses (a) to (d).

(2) 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.