Amendment status not verified — confirm the current text below against the official source.
When a new municipality is created under this Act, the District Magistrate or other officer or committee, or authority appointed by him in this behalf may 327 Magistrate of [Municipality’s]1 power pending establishment of [Municipality]1 until a [Municipality]1 is established exercise the powers and perform the duties and functions of the [Municipality]1 and he or it shall for the purposes, aforesaid be deemed to be the [Municipality]1: Provided always that the District Magistrate or such other officer or committee, or authority shall as early as possible make preliminary arrangements for the holding of first elections and generally of expediting the assumption by the [Municipality]1 of its duties when constituted. [***]2 [Consequences of declaration of a smaller urban area in place of a transitional area 333.A Where a smaller urban area is declared in place of a transitional area, the following consequences shall follow as from the date of the declaration of the smaller urban area,- (i) all taxes, fees, licences, fines or penalty imposed, prescribed or levied on the date immediately preceding the said date by the Nagar panchayat be deemed to have been imposed prescribed or levied by the Municipal Council under or in accordance with the provisions of this Act and shall until modified or changed continue to be so realizable; (ii) any expenditure incurred by the Nagar Panchayat, on or before the date immediately preceding the said date, from its fund, shall continue to be so incurred by the Municipal Council as if it was an expenditure authorized by or under this Act; (iii) all properties, including rights or benefits subsisting under any deed, contract, bond security or choses-inaction, vested in the Nagar Panchayat, on the date immediately preceding the said date, shall be transferred to and vested in and enure for the benefit of the Municipal Council; (iv) all liabilities whether arising out of contract or otherwise which have accrued against the Nagar Panchayat and are outstanding on the date immediately preceding the said date shall thereafter be the liabilities of the Municipal Council; 1- Subs. by section 72 of chapter III of U.P. Act No. 12 of 1994. 2- Omitted by section 157 ibid. 3- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]2 Municipalities Act, 1916] [Section 333A-333B] (v) the Municipal fund of the Nagar Panchayat and all the proceeds of the unexpanded taxes, tolls, fees or fines levied or realized by it, shall be transferred to and from part of the municipal fund of the Municipal Council (vi) all legal proceedings commenced by or against the Nagar Panchayat and pending on the date immediately preceding the said date, shall be continued by or against the Municipal Council; (vii) any officer or servant who, on the date immediately preceding the said date, was employed by the Nagar Panchayat, in full time employment shall be transferred to and become an officer or servant of the Municipal Council as if he has been appointed by it under the provisions of this Act; and (viii) anything done or any action taken, including any appointment or delegation made, notification, order or direction issued, rule, regulation, 328 form, bye-law or scheme framed, permit or licences granted or registration effected by the Nagar Panchayat, shall be deemed to have been done or taken by the Municipal Council and shall continue in force accordingly until superseded by anything done or any action taken by it.] [Consequences of constitution of a municipality by excluding an area from existing municipal area. 333.B Where a municipality is constituted for a municipal area which has been excluded from an existing municipal area (hereinafter in this section referred to as undivided municipal area) the following consequences shall follow as from the date of constitution (hereinafter in this section referred to as the said date) of the municipality,- (a) all taxes, fees, licences, fines or penalties imposed, prescribed or levied, on the date immediately preceding the said date, by the municipality of the undivided municipal area be deemed to have been imposed, prescribed or levied by the newly constituted municipality under the provisions of this Act; (b) any expenditure in respect of the area included in the municipal area of the newly constituted municipality incurred by the municipality of the undivided municipal area on or before this date immediately preceding this said date from its funds, shall continue to be so incurred by the newly constituted municipality as if it was expenditure authorized by or under this Act; (c) all property within the municipal area of the newly constituted municipality, including the rights or benefits subsisting under any deed, contract, bond, security or chooses-in action vested in the municipality of the undivided municipal area on the date immediately preceding the said date, shall be transferred to and vested in and enure for the benefit of the newly constituted municipality; (d) all liabilities in respect of the municipal area of the newly constituted municipality, whether arising out of contract or otherwise which have accrued against the municipality of the undivided municipal area and are outstanding on the date immediately preceding the said date shall thereafter be the liabilities of the newly constituted municipality; 1- Subs. by section 158 of chapter III of U.P. Act No. 12 of 1994. 2- Subs. by section 32 of chapter III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]4 Municipalities Act, 1916] [Section 334-339] (e) such part of the fund of the municipality of undivided municipal area and the proceeds of any unexpended taxes, tolls, fees or fines levied or realized by the said municipality, as may be decided by the State Government, shall be transferred to and from part of the municipal fund of the newly constituted municipality ; (f) such of the servants of the municipality of the undivided municipal area as are transferred to the newly constituted municipality shall become servants of the newly constituted municipality shall become servants of the newly constituted municipality as if they had been appointed by the newly constituted municipality under and subject to the provisions of this Act. (g) anything done or any action taken including any appointment or delegation made notification order or direction issued, rule, regulation form, bye-law or scheme framed, permit or licence granted or registration affected 329 under the provisions of the Act in relation to or in respect of the municipal area of the newly constituted municipality shall be deemed to have been done or taken by the newly constituted municipality.]2 Repeals and Savings