Section 340(2) in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
(2)When -(a)any local area is declared to be a [smaller urban area] [These words were substituted for the words 'municipal area' by Maharashtra 41 of 1994, Section 159(b)(1).];(b)any local area is added to a [smaller urban area] [These words were substituted for the words 'municipal area' by Maharashtra 41 of 1994, Section 159(b)(1).];(c)any local area is excluded from a [smaller urban area] [These words were substituted for the words 'municipal area' by Maharashtra 41 of 1994, Section 159(b)(1).];(d)two or mare municipal areas are amalgamated into one [smaller urban area] [These words were substituted for the words 'municipal area' by Maharashtra 41 of 1994, Section 159(b)(1).]; or(e)a [smaller urban area] [These words were substituted for the words 'municipal area' by Maharashtra 41 of 1994, Section 159(b)(1).] is split up into two more municipal areas;the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette provided for all or any of the following matters, namely :-(i)[ in a case falling under clauses (a), (d) or (e), the appointment of a Government Officer or Officers to exercise all the powers and duties of a Council under the Act, until a new Council is or, as the case may be, Councils are duly constituted in accordance with the provisions of the Act: [This paragraph (i) was substituted by Maharashtra 41 of 1994, Section 159(b)(2).]Provided that -(i)the terms and conditions (including the remuneration) of such Officer or Officers shall be as determined by the State Government;(ii)such Officer or Officers shall hold office until the first meeting of the Council](ii)[ in a case falling under clause (b), interim increase in the number of councillors by election of Councillors from the local area added] [This paragraph (ii) was substituted by Maharashtra 41 of 1994, Section 159(b)(3).](iii)in a case falling under clause (c), the removal of the Councillors, who in the opinion of the State Government, represent the area excluded from the [smaller urban area] [These words were substituted for the words 'municipal area' by Maharashtra 41 of 1994, Section 159(b)(4).];[* * *] [Paragraphs (iv) and (v) were deleted by Maharashtra 41 of 1994, Section 159(b)(5).](vi)the transfer, whole or in part, of the assets, rights and liabilities of an existing local authority (including the rights and liabilities under any agreement or contract made by it) to any successor local authorities or the State Government and the terms and conditions for such transfer;(vii)the substitution of any such transferee for an existing local authority or the addition of any such transferee as a party to any legal proceedings to which an existing local authority is a party; and the transfer of any proceedings pending before the existing local authority or any authority or office subordinate to it to any such transferee or any authority or officer subordinate to it;(viii)the transfer or re-employment of any employees of an existing local authority to, or by, any such transferee or the termination of services of any employees of an existing local authority and the terms and conditions applicable to such employees after such transfer or re-employment or termination;(ix)the continuance within the area of an existing local authority of all, or any appointments, notifications notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under this Act,(x)the extension and commencement of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, by-laws, regulations or forms made, issued, imposed or granted under this Act by, or in respect of, any existing Council and in force within its area immediately before the specified day, to and in all or any of the other areas of the successor Council, in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms (if any) in force in such other areas immediately before the specified day, until the matters so extended and brought into force are further superseded or modified under this Act;(xi)the continuance within the area of an existing local authority of all or any budget estimates, assessments, assessment lists, valuations, measurements or divisions made or authenticated by; or in respect of such existing local authority and in force within its area immediately before the specified day, until superseded or modified under the relevant law;(xii)the removal of any difficulty which may arise on account of any change referred to in clauses (a) to (e).
