Transitory provisions.

The provisions of Appendix IV shall apply to the constitution of the Corporation and other matter specified therein. (See section 141F) Modifications. 3[ * * * *] 4[3. In section 140, in sub-section (1), for the portion beginning with the words “which the rent paid by such occupier” and ending with the words “of the said premises”, the following shall be substituted, namely:- “as the carpet area of the premises occupied by such occupier bears to the ag­gregate carpet area of the said premises occupied by both or all of them.”] 3[ * * * *] 5. In section 141A, for the proviso to sub-section (1), the following proviso shall be substituted namely :— “Provided that where the property tax for any official year in respect of,— (a) a residential hut, or (b) a residential tenament, in a chawl, having carpet area not exceeding twenty five square metres, is not paid before the end of the official year to which such tax relates but is paid thereafter, the interest shall be leviable for the period commencing on the date immediately after the expiry of the official year and ending on the date of the payment of the property tax.] APPENDIX I. Provisions of the Land Acquisition Act, 1894, Regulating The Acquisition of Land for Improvement purpose. Part I— Preliminary, except clauses (e) and (f) of section 3. Part II— Acquisition, except sub-section (1) of section 4, section 6 and sub-section (2) of section 17. Part III— Reference to Court and Procedure thereon, except sub-section (2) of section 23 and clauses (6) and (7) of section 24. Part IV— Apportionment of compensation. Part V— Payment. Part VI— Temporary occupation of land. Part VIII— Miscellaneous. APPENDIX II. (See Section 392.) Table of Penalties. Part - I Sections Sub-sections and Clauses. Fine which may. be imposed. 309 (2), 311 (e), 311 (f), 311 (g) Ten rupees.197 (2), 295, 334 (2), 373 (1), 374, 375, 376 (6) Twenty rupees. Sections Sub-sections and Clauses. Fine which may. be imposed.172, 196 (2) proviso, 208, 227 (3), 228, 233 (1), Fifty rupees.236 (2), 238 (2), 240, 246, 297, 330 (1), 333, 377 (1), 2 [**], 384, 385, 386 (5).60, 108 (2), 145 (2), 163, 164, 165, 3[166A,] 168(1) (b), One hundred rupees. 169(b), 174, 184, 186, 187 (1), 187 (2), 199, 200, 212 (2),223, 227 (3), 229 (1), 230(1), 232, 239 (1), 241 (1), 243 (1), 244(1), 244 (3), 248 (1), 251, 265 (4), 266, 298(5),308, 318,319,326, 335(1), 366, 367, 368, 369, 379, 380, 4[***]. 161, 178 (1), 179, 195(1), 198, 226 (1), 226 (2), Two hundred rupees.226 (4), 242, 247 (1), 265 (2), 265 (3), 267 (1), 268 (4), 299 (1), 307 (1), 307 (2), 378 (1), 383, 417 (3). 160 (2), 171 (1), 221 (1), 257, 261 (1), 263, Five hundred rupees.264 (1), 264 (2), 298 (2), 301 (1), 304(3), 322, 325 (1), 376 (1). 210(4),262, 269(7),5[284G(8),] 313, 314, 331(2). One thousand rupees. Part - II Sections, Sub-sections and Clauses. Daily fine which may. be imposed. 227 (3), 228, 297, 308, 375, 376 (6), 379. 1[***] Five rupees. 161, 163, 164, 165, 2[166A], 168 (1) (b), 169(b), Ten rupees.172, 174, 184, 186, 187 (1), 187 (2), 195 (1), 200, 223, 226 (2),226 (4), 229 (1), 230 (1), 232, 241(1), 244(1), 244 (3), 247(1), 248 (1), 285(4), 298 (5), 330 (1) 3[***] 384, 385, 386 (5). 60, 198, 243 (1), 246, 256 (2), 265 (3), Twenty rupees.267 (1), 268 (4), 307 (1), 307 (2), 383. 160 (2), 171 (1), 212 (2), 239 (1), 240, 266, Fifty rupees298 (2), 299 (1), 301 (1), 376 (1), 378 (1), 210 (4), 257, 263, 264 (1), 264(2), 269 (1), One hundred rupees. 313, 314. Five hundred rupees. APPENDIX III. (See section 491) Enactments Amended Number and yearShort Title.Amendments. Bom. 1 of 1915.The Bombay Town Planning Act, 1915. In sub-section(1) of section 4, sub section (2) of section 10, sub-section (1) of section 27, sub-section (3) of section 44 and sub-section (3) of section 45, for the words “the City of Bombay” the words “any area for which a municipal corporation is constituted under any enactment” shall be substituted. Bom. V of 1925.The Bombay Prevention 1. In clause (c) of section 2, for the words “the City of Bombay’’ the words “any area for which a municipal corporation is constituted under any enactment’’ shall be substituted. of Adulteration Act, 1925. 2. In sub-section (1) of section 19, for the words “the City of Bombay after consultation with the Corporation of the City of Bombay’’ the words “any area for which a municipal corporation is constituted under any enactment after consultation with such corporation shall be substituted. 1. The figures “381” were deleted by Guj. 15 of 2000, s.7 (b) (i). 2. These figures and letter were inserted by Guj. 19 of 1964, s. 26 (b) (i). 3. The figures “382” were deleted by Guj. 15 of 2000, s.7 (b) (ii). 4. The figures “381” were inserted, ibid., s.7 (b) (iii). 5. These figures, letter and brackets were inserted by Guj. 19 of 1964, s. 26 (b) (ii). 6. The figures “382” were inserted by Guj. 15 of 2000, s.7 (b) (iv). H-2002–26 APPENDIX III. Contd. Number and yearShort Title.Amendments. 1. In sub-section (2) of section 6– (1) for paragraph B the following revised paragraph shall be substituted, namely:—“B. The following four ex-officio representatives of the Municipal Corporation of the City of Poona :— Bom. XXXII of 1947. The Lord Reay Maharashtra Industrial Museum Act, 1947. (i) the Mayor, who shall be the Chairman, (ii) the Chairman, Standing Committee, (iii) the Chairman, Municipal School Board, (iv) the Municipal Commissioner for the City of Poona”; (2) in paragraph C for the words “Poona City Borough Municipality” the words “Municipal Corporation of the City of Poona” shall be sustituted. 2. In section 17 for the words “Bombay Municipal Borough Act, 1925, the Poona City Borough Municipality” the words “Bombay Provincial Municial Corporations Act, 1949, the Municipal Corporation of the City of Poona” shall be substituted. 3. In 1[clause (b)] of sub-section (2) of section 21, for the words “Poona City Borough Municipality” the words “Municipal Corporation of the City of Poona” shall be substituted. Bom.LVII of 1947.]The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. In section 10 A the following shall be added, namely:— “(4) if the general tax levied under section 129 of the Bombay Provincial Municipal Corporations Act, 1949, in respect of any premises in any city exceeds the amount paid by any land-lord to any local authority on account of a rate or tax on buildings, houses or lands in respect of such premises for the assessment period which included the 31st March, 1949, there shall be deemed to be an incredsed in such rate or tax for the purpose of this section”. In sub-section (1) of section 16, in clause (iv) of paragraph (A) in Class II–(1) for Sub-clause (a) the following shall be substituted, namely:– Act, 1948. “(a) two members by the Municipal Corporation of the City of Poona”; (2) sub-clause (b) shall be deleted. APPENDIX III. Contd. Number and yearShort Title.Amendments. Bom.LXIX of 1948.The Bombay Housing Board Act, 1948. In section 25—(1) in sub-section (1) for the words and figures “Chapter XII-A of the City of Bombay Municipal Act, 1888”, the words “any enactment for the time being in force for the constitution of a municipal corporation for any area in the Province of Bombay” shall be substituted; (2) in sub-section (2) for the words and figures “the City of Bombay Municipal Act, 1888” the words “any such enactment as aforsaid” shall be substituted. Bom. LXXIX of 1948. The Bombay Shops and Establishments Act, 1948. In clause (15) of section 2, for the words and figures “ municipality constituted under the City of Bombay Municipal Act, 1888” the words “a municipal corporation constituted under any enactment for the time being in force or a municipality constituted under” shall be substituted. APPENDIX IV Transitory Provisions (See Section 493). Part I General. 1. 1[(a)] References in any enactment other than the 2[Gujarat Local Fund Audit Act, 1963, the Gujarat Municipalities Act, 1963 and the law corresponding to any of the said Acts which may have been in force before the coming into force of any of the said Acts], in force on the date immediately preceding the appointed day in a City or in any rule, order, or notification, made or issued thereunder and in force on such date in the said City to municipal districts, municipal boroughs, municipalities or borough municipalities constituted under the 3[Gujarat Municipalities Act, 1963 or the law corresponding to the said Act which may have been in force before the coming into force of the said Act] shall, unless a different intention appears, be construed as references to the City or to the Corporation of said City, as the case may be, such enactment, rule, order or notification shall apply to the said City or Corporation. 4[(b) References in any enactment other than the Gujarat Local Fund Audit Act, 1963, the Gujarat Panchayats Act, 1961 and the law corresponding to any of the said Acts, which may have been in force before coming into force of any of the said Acts, in force on the date immediately preceding the appointed day in a city or in any rule, order, or notification, made or issued thereunder and in force on such date in the said city to villages, grams, nagars, village panchayats, gram panchayats or nagar panchayats constituted under the Gujarat Panchayats Act, 1961 or the law corresponding to the said Act which may have been in force before coming into force of the said Act shall unless,a different intention appears,be construed as references to such area of the city which formed part of or which was such gram or nagar or to the Corporation of the said city, as the case may be, and such enactment, rule, order or notification shall apply to the said area of the city or Corporation.] 2. All rights of the municipality or any other local authority for the area which has been constituted to be a City shall on the appointed day vest in the Corporation constituted for the said area. 3. All sums due to the said municipality or local authority for the area which has been constituted a City, whether on account of any tax or any other account shall be recoverable by the Commissioner for the said City and for the purpose of such recovery he shall be competent to take any measure or institute any proceeding which it would have been open to the authority of the said municipality or local authority to take or institute, if this Act had not come into operation and the said area had not been constituted to be a City. 4. (1) All debts and obligations incurred and all contacts made by or on behalf of the said municipality or local authority immediately before the appointed day and subsisting on the said day shall be deemed to have been incurred and made by the Commissioner for the said City in exercise of the powers conferred on him by this Act and shall continue in operation accordingly. (2) All proceedings pending before any authority of the said municipality or local authority on the said day which under the provisions of this Act are required to be instituted before or undertaken by the Commissioner shall be transferred to and continued by him and all other such proceedings shall, so far as may be, be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of this Act. (3) All appeals pending before any authority of the said municipality or local au­thority on the said date shall, so far as may be practicable, be disposed of as if the area was constituted to be a City when they were filed. (4) All prosecutions instituted by or on behalf of the said municipality or local au­thority and all suits and other legal proceedings instituted by or against the said municipality, local authority or any officer of the said municipality or local authority pending on the said date shall be continued by or against the Commissioner or the Corporation for the said City, as the case may be, as if the area was constituted to be a City when such prosecution, suit or proceeding was instituted. 5. Save as expressly provided by the provisions of this Appendix or by a notification issued under paragraph 22 or order made under paragraph 23,— (a) any appointment, notification, notice, tax, order, scheme, licence, permis­sion, rule, by-law, or form made, issued, imposed or granted under the Bombay District Municipal Act, 1901, or the Bombay Municipal Boroughs Act, 1925, or any other law in force in any local area constituted to be a City immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, by-law, or form made, issued, imposed or granted under this Act or any other law as aforesaid, as the case may be; (b) all budget estimates, assessments, valuation, measurements, and divisions made under the Bombay District Municipal Act, 1901, or the Bombay Municipal Boroughs Act, 1925 or any other law in force in any area constituted to be a City immediately before the appointed day shall in so far as they are consistent with the provisions of this Act be deemed to have been made under this Act; (c) all officers and servants in the employ of the said municipality or local authority immediately before the appointed day shall be officers and servants employed by the Corporation under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject on such date: Provided that service rendered by such officers and servants before the appointed day shall be deemed to be service rendered in the service of the Corporation: Provided further that it shall be competent to the Corporation to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable to the requirements of the municipal service, after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servants whose services are so discontinued, shall be entitled to such leave, pension or gratuity as he would have been entitled to take or receive on being invalided out of service if this Act had not been passed. 1[5A. Where any local area comprising partly of an area of a Municipal Borough and partly of an area of any gram or nagar is constituted to be a city 2 [* * * * *] any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under the Gujarat Panchayats Act, 1961 or, as the case may be, the Gujarat Municipalities Act, 1963 or any other law in force in a part of the local area constituted to be a city immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act continue in force in such part of the area of the city until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed, or granted under this Act or any other law as a foresaid, as the case may be.]