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[Cites 0, Cited by 0] [Section 2] [Entire Act]

State of Assam - Subsection

Section 2(2) in Gauhati Municipal Corporation Act, 1971

(2)Notwithstanding the provisions of sub-section (1) of this section -
(a)Any appointment notification, order, scheme, rule, form notice or bye-law made or issued, and any licence or permission granted under any of the enactments referred to in sub-section (1) of this section and in force immediately before the establishment of the Corporation, shall continue to be in force and be deemed to have been made issued or granted under the provisions of this Act unless and until it is superseded by any appointment notification, order, scheme, rule, form, notice or bye-law made of issued or any licence or permission granted under the provisions of this Act;
(b)All debts, obligations and liabilities incurred. All contracts entered into and all matters and things engaged to be done by, with or for the Municipal Board or Town Committees functioning in the city before such establishment shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation or the Municipal authority concerned;
(c)All budget estimates, assessment, valuations, measurements or divisions made by any of the aforesaid local authorities shall continue to be in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any budget estimate assessment, valuation, measurement or division made by the Corporation or the Municipal authority concerned under the said provisions;
(d)All properties, movable and immovable and all interest of whatsoever nature and kind therein, vested in any of the aforesaid local authorities immediately before such establishment shall, with all rights of whatsoever description used, enjoyed or possessed by any such body or authority, vest in the Corporation;
(e)All rates, taxes, fees, rents and other sums of money due to any of the aforesaid local authorities immediately before such establishment shall be deemed to be due to the Corporation;
(f)All rates, taxes, fees, rents fares and other charges shall, until and unless they are varied by the Corporation, continue to be levied at the same rate at which they were being levied by the aforesaid local authorities immediately before such establishment;
(g)All suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against any of the aforesaid local authorities may be continued by or against the Corporation; and
(h)Every employee serving under the aforesaid local authorities immediately before such establishment shall become an employee of the Corporation with such designation as the Corporation may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the Corporation had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Corporation:
Provided that the tenure, remuneration and the terms and conditions of service of any such employee shall not be altered to his disadvantage:Provided further that any service rendered by any such employee before the establishments of the Corporation shall be deemed to be service rendered under the Corporation.