SUPPLEMENTARY

Consequences of constitution of a municipality by excluding an area from existing municipal area

§333B

Summary

1[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 form 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 or the newly constituted municipality, including the rights or benefits subsisting under any deed, contract, bond, security or choses-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 ensure 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 ; (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 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 under the provisions of this 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. ]

1[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 form 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 or the newly constituted municipality, including the rights or benefits subsisting under any deed, contract, bond, security or choses-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 ensure 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 ; (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 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 under the provisions of this 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. ]

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