TRANSITORY PROVISIONS AND SAVINGS

(See section 288.) 1. In this Schedule, unless the context requires otherwise— (a) ‘appointed day’ means the day on which this Act comes into force; (b) ‘existing board’ in relation to any local area means the district local board established under the Bombay Local Boards Act, 1923 (Bom. VI of 1923), or the Janapada Sabha constituted under the Central Provinces and Berar Local Government Act, 1948 (C.P. and Berar XXXVIII of 1948) or the district board established under the Hyderabad District Boards Act, 1955 (Hyd. I of 1956), as the case may be, and having jurisdiction over such area immediately before the appointed day; (c) ‘successor Zilla Parishad’ in relation to any local area for which an existing board was functioning immediately before the appointed day means the Zilla Parishad having jurisdiction over such area on and from that day. 2. On and with effect from the appointed day, the following consequences shall ensue, that is to say,— (a) all property, movable and immovable, and all interests of whatsoever nature and kind therein, which vested in an exiting board immediately before the appointed day, shall be deemed to be transferred to, and shall vest, without further assurance, in the State Government, until the Zilla Parishad (as constituted for the first time for the area in which such existing board was functioning) holds its first meeting under this Act, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the appointed day, and thereafter, in the Zilla Parishad as so constituted; (b) all rights, liabilities and obligations of an existing board (including those arising under any agreement or contract) shall be deemed to be the rights, liabilities and obligations of the State Government until the successor Zilla Parishad is duly constituted; (c) all sums due to an existing board whether on account of any tax or otherwise, shall be recoverable by the Chief Executive Officer until the successor Zilla Parishad is constituted for the first time under this Act, and thereafter, by that Zilla Parishad, and for the purposes of such recovery, the Chief Executive Officer or the successor Zilla Parishad, shall be competent to take any measure or institute any proceedings which it would have been open to the existing board or any authority thereof to take or institute before the appointed day; (d) the unexpended balance in the local fund, Janapada fund or district fund constituted under the relevant District Boards Act and all sums due to an existing board and recovered by the successor Zilla Parishad, and such sums of any other body or bodies as the State Government may direct shall form part of, and be paid into, the district fund of the successor Zilla Parishad; (e) all contracts made with, and all instruments executed on behalf of, an existing board shall be deemed to have been made with, or executed by the Chief Executive Officer, until the successor Zilla Parishad is duly constituted, and thereafter with, or by or on behalf of such successor Zilla Parishad and shall have effect accordinly; (f) all proceedings and matters pending before any authority of an existing board under any relevant District Boards Act immediately before the appointed day, shall be deemed to be transferred to the Chief Executive Officer or to such authority as the Chief Executive Officer may direct; (g) in all suits and legal proceedings pending on the appointed day in or to which an existing board was a party, the Chief Executive Officer shall be deemed to be substituted therefor; (h) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law, regulation or form made, issued, imposed or granted by or in respect of an existing board established or constituted under the relevant District Boards Act or any other law in force in the area of such existing board and in force immediately before the appointed day, shall, in so far as it is not 172 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V Samitis Act, 1961 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 Zilla Parishad, until superseded by an authority competent to do so : 1[Provided that, where immediately before the appointed day, any octroi was being duly levied by any existing board under any relevant District Boards Act, then the successor Zilla Parishad may continue to levy octroi (that is, a tax on the entry of goods into the local area for consumption, use or sale therein) within its jurisdiction 2[for a period of 3[fourteen years] commencing on the appointed day or such shorter period as the State Government may by notification in the Official Gazette, specify in this behalf]; and accordingly, the provisions of the relevant District Boards Act (any rules, orders or notifications made or issued thereunder) shall, notwithstanding their repeal by this Act, continue to have effect for the purposes of the levy, collection or refund of the said tax or for purposes of any penalty, or for any other purpose whatsoever connected with or incidental to any of the purposes aforesaid; and the powers of the existing board or any officer thereof shall in relation to the levy, collection or refund of such tax or for the purposes of penalty, or for purposes connected or incidental thereto, be exercised by the Zilla Parishad and its officers duly authorised in that behalf by the Parishad, and any reference in the relevant District Boards Act to an officer, authority, tribunal or court shall, for the purpose of carrying into effect the provisions herein contained, be construed as a reference to the corresponding officer, authority, tribunal or court appointed or constituted by or under or mentioned in this Act, and if any question arises as to who or which is such corresponding officer, authority, tribunal or court, the decision of the State Government thereon shall be final;] (i) all budget estimates, assessments, valuations, measurements and divisions made by or in respect of an existing board under the relevant District Boards Act or any other law in force in the area of such existing board 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 corresponding area of the successor Zilla Parishad; (j) all officers and servants in the employment of an existing board immediately before the appointed day, shall, subject to the provisions of Chapter XIV, be deemed to be transferred to the service of the successor Zilla Parishad; (k) any reference in any law or in any instrument to the provisions of any relevant District Boards Act, shall, unless a different intention appears, be construed as a reference to the corresponding provisions of this Act; 4[(ki) any reference in any law or in any instrument to a district local board, or district board, local board or Janapada Sabha,shall unless a different intention appears be construed as a reference to a Zilla Parishad and such law or instrument shall apply to the Zilla Parishad;] (l) any reference in this Act to any law not in force, or to any officer, body, or authority not functioning in the Bombay area, the Vidarbha area or the Hyderabad area, of the State of Maharashtra shall, unless a different intention appears, be construed as a reference to the corresponding law in force, or to the officer, body or authority functioning in the Bombay area, the Vidarbha area, or as the case may be, the Hyderabad area, of the State of Maharashtra; (m) any reference in the above paragraphs to an existing board shall, in case such existing board has been superseded or dissolved, be deemed to be a reference to the person or persons appointed to exercise the powers or to perform the functions of such existing board; (n) notwithstanding anything contained in this Act— This proviso was added by Mah. 22 of 1962, s. 14. These words were substituted for the words “for a period of two years commencing on the appointed day” by Mah. 16 of 1964, s. 3. These words were substituted for the words “twelve years” by Mah. 16 of 1974, s. 2. Clause (ki) was inserted by Mah. 35 of 1963, s. 79. 1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 173 Samitis Act, 1961 (i) the Chief Executive Officer of each Zilla Parishad shall, until the first meeting thereof after the first general election under this Act is held, exercise the powers and perform the duties of Zilla Parishad, Standing Committee, Subjects Committees and presiding authorities; (ii) the Block Development Officer of each Panchayat Samiti shall, until the first meeting of the Panchayat Samiti, after the first general election under this Act is held, exercise the powers and perform the duties thereof, and of the Chairman and Deputy Chairman of the Panchayat Samiti, under this Act or under any other law for the time being in force; (o) (i) the Collector shall forthwith cause the list of votes to be prepared for the purposes of the first general elections of the Zilla Parishad and of members of Panchayats of the electoral colleges for the purposes of section 57 and hold elections thereto in accordance as far as may be with the provisions of this Act; (ii) for the purposes of the first elections held under this Act, any person, who, if this Act had not come into operation, would have been disqualified for being elected a Councillor or member of any existing board shall be deemed to be disqualified for being elected and for being a Councillor under this Act; (p) the Collector shall, subject to such instructions as may be issued in this behalf by the State Government, carry out duties in respect of all matters incidental, supplemental and consequential to the holding of the first general elections of the successor Zilla Parishad in place of the existing board and of a Panchayat Samiti.