Transfer of functions of State Government

Transfer of functions of State Government:

1. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government may, subject to such conditions as it may think fit to impose, transfer, by an order published in the Official Gazette, to a Municipality any such functions and duties relating to Government under any law which the State Legislature is competent to enact, or which is otherwise within the executive power of the State, and appear to relate to matters arising within a municipal area being of an administrative character, and shall, on such transfer, allot to the Municipality such fund and personnel as may be necessary to enable the Municipality to discharge the functions and duties transferred.
2. (2) Without prejudice to the generality of the provisions of sub-section (1), the State Government may transfer to the Municipality such functions and duties as are performed by the departments of the State Government on any of the following matters:
   • (a) town and country planning;
   • (b) urban development;
   • (c) water supply and sanitation;
   • (d) transport system including regulation of traffic terminus;
   • (e) employment schemes and programmes;
   • (f) health and family welfare;
   • (g) relief and social welfare including social security schemes and programmes;
   • (h) public works including road construction and housing;
     • (i) cottage and small-scale industries, business and services including programme for skill development;
   • (j) education including primary education, adult education, vocational education, social education, non-formal education, audiovisual education and library services;
   • (k) food and supplies including rationing and distribution;
   • (l) civil defence;
   • (m) fire protection and fire-fighting;
   • (n) sports and youth services;
   • (o) welfare of the Scheduled Castes and the Scheduled Tribes;
   • (p) environmental safety and improvement;
   • (q) social forestry and plantation programme.
3. (3) Where any function or duty under any law is so transferred, such law shall have effect as if this section has formed a part of such law, and thereupon such law shall be deemed to have been amended accordingly.