Continuation of appointment, taxes, budget estimate, assessments, etc.

§577

Summary

577. Save as expressly provided by the provisions of this Chapter or by a notification issued under section 579 (a) any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law, regulation, form made, issued, imposed or granted under the U. P. Municipalities Act, 1916, or the Cawnpore Urban Area Development Act, 1945, or the U. P. Town Improvement Act, 1919, or any other law in force in any local area constituted to be a City immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law, or form made, issued, imposed or granted under this Act or any other law as aforesaid, as the case may be ; (b) any notice or notification or sanction of any improvement scheme for the area included in the City issued under the U. P. Town Improvement Act, 1919 or the Cawnpore Urban Area Development Act, 1945, shall be deemed to have been issued under this Act and all further proceedings in furtherance of such scheme may be taken accordingly ; (c) all proceedings for acquisition of land whether in pursuance of any scheme of improvement or otherwise initiated under the U. P. Town Improvement Act, 1919, the Cawnpore Urban Area Development Act, 1945, or the U. P. Municipalities Act, 1916 or any other reenactment applicable to the area included in the City may be continued as if they had been initiated under this Act ; (d) all budget estimates, assessments, valuations, measurements, and divisions made under the U. P. Municipalities Act, 1916, or the U. P. Town Improvement Act, 1919, the Cawnpore Urban Area Development Act, 1945, or any other law in force in any area constituted to be a City immediately before the appointed day shall, in so far as they are consistent with the provisions of this Act, be deemed to have been made under this Act ; (e) all officers and servants in the employ of the 1[Municipal Board or, as the case may be, to the Municipal Council] Improvement Trust, Development Board or local authority immediately before the appointed day shall, notwithstanding anything in sections 106 and 107, be officers and servants employed by the 1[Corporation] in a temporary capacity under this Act and 2[for so long as they are not appointed to posts created under this Act or finally absorbed in any centralized service created by rules made under section 112-A or thei services do not stand determined in accordance with such rules, they shall draw the same salaries and allowances and, except as otherwise provided in such rules, be subject to the same conditions of service to which they were entitled or were subject immediately before the appointed day ; ] 3[(ee) For so long as the posts mentioned in section 106 are not created by the 1[Corporation] and formal appointments are not made thereto as provided in this Act (1) the 4[Municipal Commissioner] shall be competent to make such changes in the designations of the existing officers and servants mentioned in clause (e) as may be necessary having regard to the provisions of this Act and the rules made thereunder, and the officers and servants so designated shall be competent to exercise and perform the powers, duties and functions assigned to them under the Act and the said rules : Provided that a copy of every order of the 4[Municipal Commissioner] made under this sub-clause shall be sent to the State Government which may make such modifications therein as may be necessary or desirable ; (2) such officer or officers of the State Health Service as the State Government may nominate or designate in this behalf shall function as Nagar Swasthya Adhikari or as Nagar Swasthya Adhikaris under the Act ; (3) servants of the State Government who are on deputation with the said Municipality, Improvement Trust, Development Board or local authority immediately before the appointed day shall, notwithstanding anything contained in sections 106 and 107, be deemed to be on deputation with the Nagar Mahapalika : Provided that the State Government may, at any time, of its own accord or on a request being made by the Mahapalika withdraw any such officer or substitute any such officer by a new officer. ] (f) 5[subject to the provisions of any rules made under section 112-A, the following procedure shall be followed] in appointing the officers and servants referred to in clause (e) to the posts created by the 1[Corporation] under section 106 (1) appointments to posts for which consultation of the State Public Service Commission is necessary under section 107 shall be made according to the provisions of that section ; (2) appointments to other posts shall be made by the 3[Municipal Commissioner] in consultation with the 6[Mayor] and in accordance with any general or special directions of the State Government in this behalf ; (3) if for any post a suitable person out of the temporary officers and servants aforesaid is not available, appointment to such posts shall be made otherwise under the provisions of this Act ; (4) if any temporary officer or servant as aforesaid is found not to be suitable for any post created by the 1[Corporation] or he declines to accept the post to which he is appointed on the ground that its pay or time scale of the pay is less than his present pay or time scale, his service shall be terminated after giving him necessary notice as required under the terms of his service but each such officer or servant whose services have been terminated in this manner shall be entitled to such leave, pension or gratuity as he would have been entitled to take or receive on termination of his service if this Act had not been passed ; (g) the service rendered by the officers and servants referred to in clause (e) before the appointed day shall be deemed to be service rendered in the service of the 1[Corporation].

577. Save as expressly provided by the provisions of this Chapter or by a notification issued under section 579 (a) any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law, regulation, form made, issued, imposed or granted under the U. P. Municipalities Act, 1916, or the Cawnpore Urban Area Development Act, 1945, or the U. P. Town Improvement Act, 1919, or any other law in force in any local area constituted to be a City immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law, or form made, issued, imposed or granted under this Act or any other law as aforesaid, as the case may be ; (b) any notice or notification or sanction of any improvement scheme for the area included in the City issued under the U. P. Town Improvement Act, 1919 or the Cawnpore Urban Area Development Act, 1945, shall be deemed to have been issued under this Act and all further proceedings in furtherance of such scheme may be taken accordingly ; (c) all proceedings for acquisition of land whether in pursuance of any scheme of improvement or otherwise initiated under the U. P. Town Improvement Act, 1919, the Cawnpore Urban Area Development Act, 1945, or the U. P. Municipalities Act, 1916 or any other reenactment applicable to the area included in the City may be continued as if they had been initiated under this Act ; (d) all budget estimates, assessments, valuations, measurements, and divisions made under the U. P. Municipalities Act, 1916, or the U. P. Town Improvement Act, 1919, the Cawnpore Urban Area Development Act, 1945, or any other law in force in any area constituted to be a City immediately before the appointed day shall, in so far as they are consistent with the provisions of this Act, be deemed to have been made under this Act ; (e) all officers and servants in the employ of the 1[Municipal Board or, as the case may be, to the Municipal Council] Improvement Trust, Development Board or local authority immediately before the appointed day shall, notwithstanding anything in sections 106 and 107, be officers and servants employed by the 1[Corporation] in a temporary capacity under this Act and 2[for so long as they are not appointed to posts created under this Act or finally absorbed in any centralized service created by rules made under section 112-A or thei services do not stand determined in accordance with such rules, they shall draw the same salaries and allowances and, except as otherwise provided in such rules, be subject to the same conditions of service to which they were entitled or were subject immediately before the appointed day ; ] 3[(ee) For so long as the posts mentioned in section 106 are not created by the 1[Corporation] and formal appointments are not made thereto as provided in this Act (1) the 4[Municipal Commissioner] shall be competent to make such changes in the designations of the existing officers and servants mentioned in clause (e) as may be necessary having regard to the provisions of this Act and the rules made thereunder, and the officers and servants so designated shall be competent to exercise and perform the powers, duties and functions assigned to them under the Act and the said rules : Provided that a copy of every order of the 4[Municipal Commissioner] made under this sub-clause shall be sent to the State Government which may make such modifications therein as may be necessary or desirable ; (2) such officer or officers of the State Health Service as the State Government may nominate or designate in this behalf shall function as Nagar Swasthya Adhikari or as Nagar Swasthya Adhikaris under the Act ; (3) servants of the State Government who are on deputation with the said Municipality, Improvement Trust, Development Board or local authority immediately before the appointed day shall, notwithstanding anything contained in sections 106 and 107, be deemed to be on deputation with the Nagar Mahapalika : Provided that the State Government may, at any time, of its own accord or on a request being made by the Mahapalika withdraw any such officer or substitute any such officer by a new officer. ] (f) 5[subject to the provisions of any rules made under section 112-A, the following procedure shall be followed] in appointing the officers and servants referred to in clause (e) to the posts created by the 1[Corporation] under section 106 (1) appointments to posts for which consultation of the State Public Service Commission is necessary under section 107 shall be made according to the provisions of that section ; (2) appointments to other posts shall be made by the 3[Municipal Commissioner] in consultation with the 6[Mayor] and in accordance with any general or special directions of the State Government in this behalf ; (3) if for any post a suitable person out of the temporary officers and servants aforesaid is not available, appointment to such posts shall be made otherwise under the provisions of this Act ; (4) if any temporary officer or servant as aforesaid is found not to be suitable for any post created by the 1[Corporation] or he declines to accept the post to which he is appointed on the ground that its pay or time scale of the pay is less than his present pay or time scale, his service shall be terminated after giving him necessary notice as required under the terms of his service but each such officer or servant whose services have been terminated in this manner shall be entitled to such leave, pension or gratuity as he would have been entitled to take or receive on termination of his service if this Act had not been passed ; (g) the service rendered by the officers and servants referred to in clause (e) before the appointed day shall be deemed to be service rendered in the service of the 1[Corporation].

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