MMCNPIT Act 346Chapter XXVIII · Repeals And Transitory Provisions

Section 346 · Consequences of replacement of existing Councils

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- With effect on and from the appointed day, the following consequences shall ensue, that is to say -

(a)

every local area within the jurisdiction of an existing Council immediately before the appointed day shall be deemed to be declared a municipal area under this Act and shall be called by the corresponding name given thereto in Schedule I and shall belong to such Class under which it is specified in that Schedule and the Council therefor shall be called by the name specified against it in column 3 of the said Schedule;

(b)

all property, moveable and immovable and all interests of whatsoever nature and kind therein, which vested in an existing Council immediately before the appointed day, shall be deemed to be transferred to, and shall vest without further assurance in the successor Council, subject to all limitations, conditions and rights or interests of any person body or authority in force or subsisting immediately before the appointed day;

(c)

all rights, liabilities and obligations of an existing, Council (including those arising, under any agreement or contract) shall be deemed to be the rights, liabilities and obligations of the successor Council;

(d)

all sums due to an existing Council, whether on account of any tax or otherwise, shall be recoverable by the successor Council, and for the purposes of such recovery the successor Council shall be competent to take any measures or institute any proceedings which it would have been open to the existing Council or any authority thereof to take or institute before the appointed day;

(e)

the municipal fund of an existing Council shall be deemed to be the municipal fund of the successor Council;

(f)

all contracts made with and all instruments executed on behalf of an existing Council shall be deemed to have been made with, or executed on behalf of, the successor Council and shall have effect accordingly;

(g)

all proceedings and matters pending before any authority under any of the repealed laws immediately before the appointed day, shall be deemed to be transferred to the corresponding authority under this Act competent to entertain and dispose of such proceedings or matters;

(h)

in all suits and legal proceedings pending on the appointed day in or to which an existing Council was a party, the successor Council shall be deemed to have been substituted therefor;

(i)

any appointment notification, notice, tax, order, scheme, licence, permission, rule, by-law, regulation or form held, made, issued, imposed or granted by or in respect of an existing Council under any of the repealed 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 Act, continue to be in force, as if made, issued imposed or granted in respect of the corresponding area of the successor Council until superseded by any authority competent so to do:
Provided that,
(i)no rule made under any of the repealed laws in respect of an existing Council and in force immediately before the appointed day shall be deemed to be inconsistent with the provisions of this Act by reason only of the fact that under this Act it is permissible to make only a by-law or any other instrument other than a rule in respect of the matter provided for in such rule;

(ii)

the provisions of clause (i) of this proviso shall mutatis mutandis apply to any by-laws, regulations, or any other instruments made under any of the repealed laws in respect of an existing Council and in force immediately before the appointed day:
[Provided further that, any assessment made on any tax levied by any existing Council before the appointed day and in force immediately before that day shall notwithstanding the fact that it is inconsistent with the provisions of this Act, continue to be in force until it is replaced by assessment made or tax levied by the successor Council in accordance with the provisions of this Act or till the 31st day of March, 1977, whichever is earlier:Provided also that, no proceeding for the levy of any tax pending on the appointed day or commenced thereafter at any time before the rules under this Act are made by the State Government, whether completed before or after the commencement of such rules shall be void merely by reason of the fact that no rules had been made under this Act or the rates of tax adopted by any Council were different from those provided in, such rules.] [These two provisions were deemed always to have been inserted by Maharashtra 45 of 1975, Section 16.]

(j)

all budget estimates, assessments. Assessment lists, valuations, measurements and divisions made by or in respect of an existing Council under any of the repealed 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 they are not inconsistent with the provisions of this Act, be deemed to have been made by, or in respect of, the successor Council for that area;

(k)

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 reference to the corresponding provisions of this Act;

(l)

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;

(m)

any reference in the above paragraphs to an existing Council shall, in case such Council has been superseded or dissolved or is not otherwise functioning, 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.

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