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THE UTTARAKHAND (THE UTTAR PRADESH NAGAR NIGAM ADHINIYAM, 1959) (ADAPTATION AND MODIFICATION ORDER, 2002) ADAPTATION AND MODIFICATION ORDER, 2007 (AMENDMENT) ACT, 2008
THE UTTARAKHAND (THE UTTAR PRADESH NAGAR NIGAM ADHINIYAM, 1959) (ADAPTATION AND MODIFICATION ORDER, 2002) ADAPTATION AND MODIFICATION ORDER, 2007 (AMENDMENT) ACT, 2008
[Act No. 4 of 2008]
PREAMBLE
An Act further to amend the Uttarakhand (The Uttar Pradesh Nagar Nigam Adhiniyam, 1959) (Adaptation and Modification Order, 2002) Adaptation and Modification Order, 2007 for the State of Uttarakhand
Be it enacted by the Uttarakhand Legislative Assembly in the Fifty-ninth Year of the Republic of India as follows:--
Section 1 - Short title and commencement
(1) This Act may be called the Uttarakhand (The Uttar Pradesh Nagar Nigam Adhiniyam, 1959) (Adaptation and Modification Order, 2002) Adaptation and Modification Order, 2007 (Amendment) Act, 2008.
(2) It shall come into force at once.
Section 2 - Insertion of new sub-section (4) in Section 8
In the end of Section 8 of the Uttarakhand (The Uttar Pradesh Nagar Nigam Adhiniyam, 1959) (Adaptation and Modification Order, 2002) Adaptation and Modification Order, 2007, hereinafter referred to as the principal Act, a new sub-section shall be inserted, namely:--
"(4) Where the term of a Nagar Nigam has expired or a new Nagar Nigam Board has not been constituted, then until the due constitution of the new Board--
(a) all powers, functions and duties of the Nagar Nigam, its Mayor, Deputy Mayor, Ward Committee, Executive Committee, Development Committee and other committees, constituted under sub-section (e) of Section 5, shall be vested in and be exercised, performed and discharged by an officer appointed in this behalf by the State Government (hereinafter referred to as the Administrator) and he/she shall be deemed in law to be the Administrator, Nagar Nigam, or the Committees, 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 Nagar Nigam Fund;
(c) the State Government may, from time to time by notification in the Gazette, make such incidental or consequential provisions, which include 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 this section:
Provided that the term of Administrator, appointed under this section shall not exceed six months or till the constitution of new Nagar Nigam Board, whichever is earlier.".
Section 3 - Repeal of clause (d) of Section 24 of the principal Act
Clause (d) of Section 24 of the principal Act is hereby repealed.
Section 4 - Inserting of a new clause in Section 25
A new clause shall be inserted after clause (r) of sub-section (1) of Section 25 of the principal Act, namely:--
"(s) is a candidate from more than one ward;".
Section 5 - Repeal of Section 30 of the principal Act
Section 30 of the principal Act is hereby repealed.
Section 6 - "Nagar Nigam" to be read instead of "Nagar Palika"
In the Uttaranchal (The Uttar Pradesh Nagar Nigam Adhiniyam, 1959) (Amendment) Act, 2002 (Act No. 19 of 2002), wherever the word "Nagar Palika" occurs, it shall be read as "Nagar Nigam".
Section 7 - Repeal and savings
(1) The Uttarakhand (The Uttar Pradesh Nagar Nigam Adhiniyam, 1959) (Adaptation and Modification Order, 2002) Adaptation and Modification Order, 2007 (Amendment) Ordinance, 2008 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as mentioned by the Ordinance referred to in sub-section (1), shall be deemed to have been done/or taken under the corresponding provisions of the principal Act as amended by this Act as if all the provisions of this Act were in force at all material times.
