Amendment status not verified — confirm the current text below against the official source.
- , ., (a! "specified dayn means the day from which any local area is decla,red to be a municipal area under sub-section 11) of section 3 or the day from which a change referred to in any of the clauses ":!c , .(a) ,to .(&) *rrf sub-section (1) 'of section 6 takes 0; effect; . , (b) "existing local: authority", in relation to any local area, means the Municipal Council or ~ - c the panchayat having jurisdiction over such area . . -< 1~ immediately beford the specified day; . . i , . . \:.;I i ( c ) "successor focal authority" in relation to - any local area, means theMunicipa1 Council or the panchayat having jurisdiction over such area . . J from the specified day'; , , ' ' ~.-" , ,: ". , . : 5, ;'i 3 3 : ( d ? "Panchayat" ;iueana a village panchayat . established .or deemed to be established for a n y village oi group of villages under the Goa, ~ a h n it3J and Diu Village Panc'haybts Regulation, 1962. , . . A .- 44 ( 2 ) When- . .. .. . :;.>z~:.?.,.; ' 3 . - : i.. .:. (a) any locak. .area is 'declared to be ' a municipal area; -5 . .. , . , , . . ri ..; (b) any local'area 'is' adaed to a municipal , ' ., ., ~ , . **.- area; (c) any local. area is excluded from a . municipal a h a ; . . I' 1 ~.; ~ 8 ,,$. \ . .. ,,:! td) two o r &re municipal areas are 3 ..," amaJgamated i'nto one~municipalarea; or .. rw , . . . ~. ~ . ? q i . : ~ . . > , ; s . ~ - i i ~ ~ ~ S *a? t7G ,y6X 9 2 : ~ ; ? I i ; % ~ fi'6 . * : 7 , ~ , . : - ; . .. .>. , ... . . .. - , . . . , (e) a municipal area is split up into two or more municipal areas, the Government may, notwithstanding anything contained in this Regulation or any other law for the time being in force, by an order published in .the Official Gazette, provide for all or any of the following matters, namely :- (i) in a case falling under clause (a) or (d), the constitution of an interim Council coneirrting of such number of Councillors appointed by the Government or of ~ouncillors elected by thc members or councillors of the existing local authorities or consisting partly of such appointed Councill~rs and party of such elected Councillors, as the Government may determine. until the successor Councll 1s rn due course constituted under this Regulation; (ii) in a case falling under clause (b), the interim increaae in the number of Councillors. either by appointment of the additional Councillors by the Government or by election by the members of the existing local authorities or partly by such appointment and partly by such election, as the Government may determine, until the successor Council is in due course constituted under this Regulation; (iii) in a caee falling under clause (c), the removal of the Councillors, who in the opinion -of the Government, represent the area excluded from the municipal area; (iv) in a case falling under clause (el the appointment of an administrator or administrators to exercise the powers and to perfom the duties and the functions of the successor Councils, until euch Councils are in due course constituted under this Regulation; (v) the term for which the Councilorrr appointed or elected under clause li) or (ii) or the administrators appointed under clause (iv) shall hold office and the manner of holding election and filling casual vacancies; (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 agreement or contract made by it) to any sucessor local authorities or the Government and terms and conditions for such transfer; (vii ) the substitution of any such transferee for an existing local authority or the addition of any such traneferee 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 of officer subcrdinate 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 service of any employees of an existing local authority and the terms and conditions applicable to such employees after such transfer or re- employment or termina'tion : (ix) the continuance within the arba of an existing Local authority of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rulem bye- laws, regulations 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 specified day, until superseded or modified under this Regulation; ( x ) the extension and commencement of all or any appointments, notifications, notices taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued imposed or granted under this Regulation by, or in respect of, any existing Council and in force within its area immediately before the specified day. to and in all or any of the other areas of the successor Council, in supersession of corres- ponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations of forms (if any) in force in such other areas immediately before the specified day, until the matters so extended and brought into f o ~ c e are further superseded or modified under this Regulation i (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 autho ity and in force wlthin its area imme- diately be i' ore the specified day, until superseded or modified under the relevant law ; (xii) the removal of any difficulty which may arise on account of any change referred t6 in, clause (a) to (e). ( 3 ) 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 vea; in and be the assets, rights and liabilities of, the transferee. ( 4 ) (a) Where an order is made under this section, the Director shall, before the expiry of the term of the Councillors or municipal administrators appointed or elected under paragraph (i),. (ii),or (iv) or of the Council in whose case the number of Councillors is reduced under paragraph (iii) of sub- section (11, take steps in accordance with section 9 of this Regulation, for the purpose of determining the number of Councillors of, and for holding election for, the new Council or Councils, as the cane may be ; (b) the Councillors of the interim Council or of the Council in whose case there i an interim increase or reduction in their number or the adninistrator or administrators appointed or elected under such order as the case may be, shall. notwithstanding the expiry of the term for which they may have been appointed or elected, continue in office for the area concerned. until lmediately before the first meeting of the new Council or Councils, as the case may be ; (c) save as otherwise provided by or under this section, the provisions of this Regulation shall mutatis mutandis apply to any such Council, its Councillors or Municipal Administrators,