Appointment of Administrator

§3

Summary

(1) Notwithstanding anything to the contrary contained in the U. P. Municipalities Act, 1916, or the U. P. Town Improvement Act, 1919, the State Government may, for all or any of the purposes of this Act, by order published in the Gazette, appoint Administrator for any or all the local bodies in the Ghaziabad region, and - (a) declare that with effect from a date, to be specified in the order, all powers, duties and functions of the local body, its President or Chairman, as the case may be, or a Committee thereof, whether under any of the aforesaid enactments, or any other law, shall be vested in such Administrator and shall, until the order is superseded or repealed, be exercised, performed and discharged by or under the authority of the Administrator, who shall be deemed to be the Board, Trust, President, Chairman or Committee, as the occasion may require ; and (b) make such incidental and consequential provisions, including provisions for suspending any provisions of the said Acts, as may appear to be necessary or desirable for this purpose; Provided that the State Government may appoint the same person as Administrator for both the local bodies. (2) Upon the publication of the order under sub-section (1), the Board or Trust constituted as such, and all Committees thereof shall cease to function and all members of the Board or Trust or Committees thereof including its President or Chairman, as the case may be, shall with effect from the date specified under clause (a) of sub-section (1), vacate their offices. (3) In particular and without prejudice to the generality of the provisions contained in clause (b) of sub-section (1) the State Government, by the same or subsequent order, may - (a) for the purpose of giving effect to the provisions of this Act, make such adaptations, modifications and alterations in but not affecting their application to the Ghaziabad region, but not affecting their substance, as the circumstances of the case may require, and the aforesaid acts shall thereupon take effect, in that region and till such time as a corporation is established therein, subject to the adaptations, modifications and alterations so made ; (b) provide for the payment of salary and allowances to the Administrator out of the local fund concerned ; and (c) where the same person has been appointed Administrator for both the local bodies, provide that such posts or offices, under any such local body, as may be specified, shall not be filled up, or that they shall be filled upon on a joint basis for both the local bodies, and also for the payment of the salaries and allowances of the persons so appointed out of the local fund concerned. (4) Any order made under clause (b) of sub-section (1) or sub-section (3) shall have effect, notwithstanding anything to the contrary contained in the U.P. Municipalities Act, 1916 and the U.P. Town Improvement Act, 1919.

(1) Notwithstanding anything to the contrary contained in the U. P. Municipalities Act, 1916, or the U. P. Town Improvement Act, 1919, the State Government may, for all or any of the purposes of this Act, by order published in the Gazette, appoint Administrator for any or all the local bodies in the Ghaziabad region, and - (a) declare that with effect from a date, to be specified in the order, all powers, duties and functions of the local body, its President or Chairman, as the case may be, or a Committee thereof, whether under any of the aforesaid enactments, or any other law, shall be vested in such Administrator and shall, until the order is superseded or repealed, be exercised, performed and discharged by or under the authority of the Administrator, who shall be deemed to be the Board, Trust, President, Chairman or Committee, as the occasion may require ; and (b) make such incidental and consequential provisions, including provisions for suspending any provisions of the said Acts, as may appear to be necessary or desirable for this purpose; Provided that the State Government may appoint the same person as Administrator for both the local bodies. (2) Upon the publication of the order under sub-section (1), the Board or Trust constituted as such, and all Committees thereof shall cease to function and all members of the Board or Trust or Committees thereof including its President or Chairman, as the case may be, shall with effect from the date specified under clause (a) of sub-section (1), vacate their offices. (3) In particular and without prejudice to the generality of the provisions contained in clause (b) of sub-section (1) the State Government, by the same or subsequent order, may - (a) for the purpose of giving effect to the provisions of this Act, make such adaptations, modifications and alterations in but not affecting their application to the Ghaziabad region, but not affecting their substance, as the circumstances of the case may require, and the aforesaid acts shall thereupon take effect, in that region and till such time as a corporation is established therein, subject to the adaptations, modifications and alterations so made ; (b) provide for the payment of salary and allowances to the Administrator out of the local fund concerned ; and (c) where the same person has been appointed Administrator for both the local bodies, provide that such posts or offices, under any such local body, as may be specified, shall not be filled up, or that they shall be filled upon on a joint basis for both the local bodies, and also for the payment of the salaries and allowances of the persons so appointed out of the local fund concerned. (4) Any order made under clause (b) of sub-section (1) or sub-section (3) shall have effect, notwithstanding anything to the contrary contained in the U.P. Municipalities Act, 1916 and the U.P. Town Improvement Act, 1919.

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