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THE UTTARAKHAND (THE UTTAR PRADESH NAGAR PALIKA ADHINIYAM, 1916) (ADAPTATION AND MODIFICATION ORDER, 2002) ADAPTATION AND MODIFICATION ORDER, 2007 (AMENDMENT) ACT, 2008
THE UTTARAKHAND (THE UTTAR PRADESH NAGAR PALIKA ADHINIYAM, 1916) (ADAPTATION AND MODIFICATION ORDER, 2002) ADAPTATION AND MODIFICATION ORDER, 2007 (AMENDMENT) ACT, 2008
[Act No. 3 of 2008]
PREAMBLE
An Act further to amend the Uttarakhand (The Uttar Pradesh Nagar Palika Adhiniyam, 1916) (Adaptation and Modification Order, 2002) Adaptation and Modification Order, 2007 for the State of Uttarakhand
Be it enacted 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 Palika Adhiniyam, 1916) (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 a new sub-section (4) in Section 10-A
In the end of Section 10-A of the Uttarakhand (The Uttar Pradesh Nagar Palika Adhiniyam, 1916) (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) Notwithstanding anything to the contrary contained in any other provision of this Act, where due to unavoidable circumstances or in the public interest, it is not practicable to hold an election to constitute a Municipal Council/Nagar Panchayat before the expiration of its duration, then until the due constitution of such Municipal Council/Nagar Panchayat, all powers, functions and duties of Municipal Council/Nagar Panchayat, shall be exercised, performed and discharged by the District Magistrate, or by such Gazetted Officer not below the rank of Sub-Divisional Magistrate, to be appointed in this behalf by the District Magistrate and such District Magistrate or such officer shall be called the 'Administrator' and such Administrator shall be deemed in law to be the Chairman/President or Committee, as the occasion may require:
Provided that the term of the Administrator, appointed under this section, shall not exceed six months or till the new constitution of new Board.".
Section 3 - Repeal of Section 10-AA
Section 10-AA of the principal Act is hereby repealed.
Section 4 - Repeal of clause (d) of Section 13-C of the principal Act
Clause (d) of Section 13-C of the principal Act is hereby repealed.
Section 5 - Insertion of a new clause in Section 13-D
A new clause shall be inserted after clause (p) of Section 13-D of the principal Act, namely:--
"(q) is a candidate from more than one ward.".
Section 6 - Repeal and savings
(1) The Uttarakhand (The Uttar Pradesh Nagar Palika Adhiniyam, 1916) (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 this Act were in force at all material times.
