Provision until the constitution of Municipal Corporation

§579A

Summary

1[ 579-A. (1) Notwithstanding anything in this Act, during the period between the commencement of the Uttar Pradesh Urban Local Self Government laws (Amendment) Act, 1994, and the 2[and the first Constitution of the Municipal Corporation under this Act as amended by the said Act] the 3[Municipal Corporation] and its 4[Mayor], 5[***] and members shall respectively exercise perform and discharge the powers, functions and duties of the Municipal Corporation, its 4[Mayor], 5[***] and members and shall be deemed respectively to be the Municipal Corporation, its 4[Mayor], 5[***] and members. (2) Where the term or the extended term of 6[the [Municipal Corporation] as it stood immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, 7[has expired before such commencement and an officer has been appointed by the State Government (hereinafter referred to as the Administrator then until the first Constitution of the corporation)] is not constituted under the provisions of this Act thereon such expiry and until the date appointed for the first meeting after the constitution of new Corporation (a) 8[ * * * * ] (b) all powers, functions and duties of the Corporation, its 4[Mayor], 5[***], Executive Committee, Development Committee and other Committees appointed under clause (e) of section 5 and of the 9[Municipal Commissioner] shall 10[continue to vest in and be exercised, performed and discharged by the Administrator who shall] be deemed in law to be the Corporation, the4[Mayor], 5[***], Executive Committee, Development Committee, other Committees or the 9[Municipal Commissioner] as the occasion may require ;] (c) subject to any general or special orders of the State Government, the Administrator may, in respect of all or any of the powers conferred on him by clause (b), (i) consult such Committee or other body, if any, constituted in such manner as may be specified by him in that behalf ; or (ii) delegate, subject to such conditions as he may think fit to impose, the powers so conferred, to any committee or other body constituted under sub-clause (i), to be specified by him in that behalf ; (d) such salary and allowances of the Administrator as may be fixed by general or special orders of the State Government in that behalf shall be paid out of the Corporation Fund. 11[ (3) Notwithstanding anything in sub-section (2), the election to constitute the Corporation shall be held within a period of one and half years from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 in accordance with the provisions of this Act as amended by the said Act and on the Constitution of the Corporation, the provisions of clauses (b), (c) and (d) of sub-section (2) shall cease to have effect. ] (4) 12[ * * * * ]

1[ 579-A. (1) Notwithstanding anything in this Act, during the period between the commencement of the Uttar Pradesh Urban Local Self Government laws (Amendment) Act, 1994, and the 2[and the first Constitution of the Municipal Corporation under this Act as amended by the said Act] the 3[Municipal Corporation] and its 4[Mayor], 5[***] and members shall respectively exercise perform and discharge the powers, functions and duties of the Municipal Corporation, its 4[Mayor], 5[***] and members and shall be deemed respectively to be the Municipal Corporation, its 4[Mayor], 5[***] and members. (2) Where the term or the extended term of 6[the [Municipal Corporation] as it stood immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, 7[has expired before such commencement and an officer has been appointed by the State Government (hereinafter referred to as the Administrator then until the first Constitution of the corporation)] is not constituted under the provisions of this Act thereon such expiry and until the date appointed for the first meeting after the constitution of new Corporation (a) 8[ * * * * ] (b) all powers, functions and duties of the Corporation, its 4[Mayor], 5[***], Executive Committee, Development Committee and other Committees appointed under clause (e) of section 5 and of the 9[Municipal Commissioner] shall 10[continue to vest in and be exercised, performed and discharged by the Administrator who shall] be deemed in law to be the Corporation, the4[Mayor], 5[***], Executive Committee, Development Committee, other Committees or the 9[Municipal Commissioner] as the occasion may require ;] (c) subject to any general or special orders of the State Government, the Administrator may, in respect of all or any of the powers conferred on him by clause (b), (i) consult such Committee or other body, if any, constituted in such manner as may be specified by him in that behalf ; or (ii) delegate, subject to such conditions as he may think fit to impose, the powers so conferred, to any committee or other body constituted under sub-clause (i), to be specified by him in that behalf ; (d) such salary and allowances of the Administrator as may be fixed by general or special orders of the State Government in that behalf shall be paid out of the Corporation Fund. 11[ (3) Notwithstanding anything in sub-section (2), the election to constitute the Corporation shall be held within a period of one and half years from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 in accordance with the provisions of this Act as amended by the said Act and on the Constitution of the Corporation, the provisions of clauses (b), (c) and (d) of sub-section (2) shall cease to have effect. ] (4) 12[ * * * * ]

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