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THE UTTAR PRADESH MUNICIPALITIES ACT (UTTARANCHAL SANSHODHAN) ACT, 2001
THE UTTAR PRADESH MUNICIPALITIES ACT (UTTARANCHAL SANSHODHAN) ACT, 2001
[Act No. 1 of 2001]
PREAMBLE
An Act to amend the Uttar Pradesh Municipalities Act, 1916 in its application to Uttaranchal It is hereby enacted in the Fifty-first Year of the Republic of India as follows:--
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1. Received the assent of the Governor on January 18, 2001, and published in the Uttaranchal Gazette, Extra., Part 1, Section (Ka), dated 20th January, 2001, pp.
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Section 1 - Short title and extent
(1) This Act may be called the Uttar Pradesh Municipalities Act (Uttaranchal Sanshodhan) Adhiniyam, 2001.
(2) It extends to the whole of Uttaranchal.
(3) It shall be deemed to have come into force on 11th December, 2000.
Section 2 - Addition of new Section 10-A in U.P. Act No. 2 of 1916
After Section 10-A of the Uttar Pradesh Municipalities Act, 1916, the following section shall be inserted, namely:-
"10-AA. Temporary provision regarding administration of a Municipality until a new Municipality is constituted.--Where the term of a Municipal Council/Nagar Panchayat has expired and a new Municipal Council/Nagar Panchayat has not been constituted, then until the due constitution of the new Municipal Council/Nagar Panchayat--
(a) all powers, functions and duties of the Municipal Council/Nagar Panchayat, its President and Committee shall be vested in and be exercised, performed and discharged by an officer appointed in that behalf by the State Government, hereinafter referred to as the Administrator, and the Administrator shall be deemed in law to be the Municipal Council/Nagar Panchayat, the President or the Committee as the occasion may require;
(b) such salary and allowances of the Administrator as the State Government may by general or special order in that behalf fix shall be paid out of Municipal Fund;
(c) the State Government may from time to time by notification in the Gazette, make such incidental or consequential provisions, including provisions for adapting, altering or modifying any provision of this Act, without affecting the substance, as may appear to it to be necessary or expedient for carrying out the purpose of the section :
Provided that where the Administrator appointed under this section is the District Magistrate, he may, subject to any general or special order of the State Government, delegate all or any of his powers, functions and duties under this Act to any officer subordinate to him (hereinafter referred to as the officer-in-charge) and thereafter the salary and allowances of the officer-in-charge shall be paid in accordance with clause (b):
Provided further that the Administrator appointed under this section shall have a term not exceeding six months or till the new Municipal Council/Nagar Panchayat is constituted, whichever is earlier.".
Section 3 - Repeal and savings
(1) The Uttaranchal (Adaptation and Modification of the Uttar Pradesh Nagar Palika Adhiniyam, 1916) Ordinance, 2000 (Uttaranchal Ordinance No. 2 of 2000) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the corresponding provisions of the Uttar Pradesh Municipalities Act, 1916 as amended by the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of the Uttar Pradesh Municipalities Act, 1916 as amended by this Act, as if the provisions of this Act were in force at all material times.
