Amendment status not verified — confirm the current text below against the official source.
Conaquences od replacement of existing Councils.- With effect on and from the appointed day, the foilowing consequences shall ensue, that is to aay- (a) the Municipal Councils i Camaras Municip~isf (hereinaf ker a;id in sec.t,ion 324 called the <<existing Councils?>), shown -in col~mn 5 of Schedule I, which were functioning immediately before the appointed day, shall be deemed to be succeeded by the Counciia shown againfit them in column 3 thereof ihereinafter called the <<successor Councils>>) ; ib> all property. mdvabie and imovalale, situated within the Zncal area of a successor Council (and all interests of whatever nature and kind in such property) Which ves.ted in the corresponding existing Council immediately before .the appointed day and which was being used iromediately before the said. day for , *he performance o f any of the functions or duties which are required to be performed by the successor Council, un6er the proviaions or this Regulation, shall be deemed to be txansferrad to an6 shall vest, uithout further assurances to such eucnesaor Council, subject to all limitations, conditions and rights of interest of any person, body or authority in force or subsisting immediately before .the appoifited day ;. (c) all property, movable and immovable, situated outside the local areas of a successor Council but within the jurisdiction of a Village Panchayat constituted under the Goa, Daman and Diu Village Panchayats Regulation, 1962 (and a31 interests of whatsoever nature and kin2 in auch property) which vested in an existing Council immediately before the constitution of such Village panchayat for the performance of any of the functions or duties which are required to be performed by the said Village Panchayat under the provision of the Goa, Daman and Diu Village Panchayats Regulation, 1962, and arc not, required by the Council for the performance of its duties under This Regulation, shall be d - - - ,r...ea ' t.o be transferred to and shell vest, wi:tui:?. izsther assurances in such Vliiage Panchaya:, s-bjcct tz all limitations, conditions and rightb o; interests of any person, body or &ct:!c.i2? ' i r, force or subsisting immediately b t f o r e tne appoint-ed day ; Ld) all property, movable a d i n i c v i b l , wherever situated (nnd all interests of whatsoever nature and kind in such proper%yi which vraze6 :L:: an existing Council immediately beforc ir2e appointed day and which was being used t y ;t f ? ~ i funct.ion which on and from the appcir~tna day ? r nct required to be perforwed by an existing . . Council under the provisions of thiw iiey;;i-;~;c.> si- by a Village Panchayat under the Goa,Daman and 013 Village Panchayats Regulations, 1962, staii be .deemed ,to be transferred to and shall vrsz, without further assurances, in the Governnerzt, subject to ail limitations, conditions and r i g h i or interests of any person, body or authori:?:: in force or subsintiny ammctiiately beic-re the appointed day ie: all 'right-~l~ iiabiiitiea and :obliyar.ic.ns of an existing Council (including those arising under an agreement or contract9 ahall be deemkc? to be the sights, liabilities and obligations of the corresponding successor Council; the Village Panchayat or the Government, according aa thz function or duty out of which such rights, liabilities and obligation have arisen, 1s required to be performed on and from the appointed day by such successor council, Village Panchayat or the Government, as the case may be; (f) all sums due to an existing Council, whether on account of any tax or otherwise, shall be recoverable by the successor Council, Village Panchayat. or the Government, according as the duty or function out of which such sum has become due, is require to be performed on and from the appointed day by the successor Council, the Village Panchayat or the Government and the successor Council, the Village Panchayat or the Government, as the case rriay be. shall be competent to takes'any measure or inseltute any proceedings, which it would have beer1 ope.? ta the existing Council or any authority thereof to that effect before the appointed day: (g) the municipal fund and liabilities other than those specified in sub-para (f) of an exiating Council shali be declried to be the municipal fund and liabllitics o: the successor Council ; (h) all contracts ma&e with and all instruments executed on beh~lf of an existing Councll, shall be deemed to have been made or executed on behalf of the successor Council, the Village Panchayat or the Goverraent, according as the duty and function. as a result of which such contract was made or the instrument executed is required on and from the appointed day to be performed by the successor Council, the Village Panchayat or the Governrttenc, as the case may be, and shall be performed accordingly; (1) all proceedings and matters pending before any authority under any 0 2 the repeded Paws immediately before the appointed day, shall be deemed to be.transferred to the cosrerponding authority under this Regulation competent to entertain and dispose of such proceedzngs or matters; (j) in all suits and legal proceedings pending on the appointed day in or to which an existing Council was a party, the successor ~ ,, . . 1% Council. o~q local authority shall be deemed to I i ' have been ' substituted the~efor; Ik) any appointment, notification, notice, tax, order, scheme, licence, permision, rule, b e - law, regulation or form held, made, issued, imposed or granted by or in respect of an existing Council under any of the repealea laws or any other law for the time being in force in the area of such existing Council, and in force immediately before the appointed day, shall, in so far as it is not inconsistent with the provisions of,this Regtilatioh, continue to be in force as if'made, issued, iraposed or granted in respect of the corresponding area of the successor Council, until superseded by an authority competent sa to do? Provided that - . ) no rule made under any o f the ..repeaied laws in respect of an existing Council and i l l force immediately before the app0inted day ahali be.deemed to be consistent with the pravisicnn of this Regulation by reason only of the fact that under this Regulation it is perrnissYble, to make only a bye-law or any other inntrunent other than a rule in,renpect of the matter provided for in . , such rule; . , !ii) t.he provisfone bf clause (i) of this proviso' shall mutatis mutandis apply to any. bye- laws, regulations, or any,other instruments made under any of the re)?'ealed lap in-respect of an existing Council and in'force immediately b e f ~ r e the appointed day .; 1 ' all budget esttmatee, assessments, aeieasment li~ts, valuations, measuremen'ta and divisions .made by or in respect of en existing Council under any of the;.iepealed laws .or any other la'w for the time being in -force in the area of, suchexisting Council 'anb in force immediately before the appointed day, shall, in so far as they are not inconsi.ntent with the provisions of this Regulation, be deemed-tohave been made by, or in respect of the succdssor~c&nci]. for that area; (m) any reference in any law or in any instrument to the provisions of any repealed law, shall, unless a different intention appears, be construed as a refqrence to the corre- aponding provisions of this Regulation; (n) any reference in any law or in any instrument to an existing Council shall, unless a different intention appears, be construed as a reference to the successor Council and such law or instrument shall apply to the successor Council; (0) any reference in the abave clauses to an existhg Councrl snail, in oase such Councii ha# been superseded or drasolved or is not otherwise funct~oniny, be deemed to be a reference to the person or persons appointed to exercise the powers and discharge the duties and functions of such Council.