Section 373 in Tamil Nadu District Municipalities Act, 1920
373. Conversion of a township into a municipality or [Third Grade Municipality] [Substituted for the words 'town Panchayats' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004).].
- Notwithstanding anything contained in this Act or any other law for the time being in force, the State Government may, by notification, direct that the local area constituting any township shall from such date as may be specified therein (hereinafter referred to as the specified date), be a municipal area or a [transitional area] [Substituted for the words 'panchayat town' by the Tamil Nadu Act 24 of 2004.] and in respect thereof on and from such specified date, the following consequences shall ensue, namely,-(a)the township committee of such area shall cease to exist or to function;(b)there shall be constituted for the municipal area a municipality, or, as the case may be, for the panchayat area [Third Grade Municipality] [Substituted for the words 'town Panchayats' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004).] under the provisions of this Act, as amended by the Tamil Nadu District Municipalities (Amendment) Act 1994 (Tamil Nadu Act 25 of 1994);(c)the unexpected balance of the fund and the property (including arrears of rates, taxes and fees) belonging to the township committee and all rights and powers which prior to such notification, vested in the township committee shall, subject to all charges and liabilities affecting the same, vest in the fund constituted for the municipality or as the case may be, the [Third Grade Municipality] [Substituted for the words 'town Panchayats' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004).];(d)any appointment, notification, notice, tax, order, scheme, licence, permission, rule, by-law, or form made, issued, imposed or granted under any law governing such township before the specified date in respect of such local area shall continue in force and be deemed to have been made, issued, imposed or granted in respect of the municipal area or [transitional area] [Substituted for the words 'panchayat town' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004).] until it is suprerseded or modified by any appointment, notification, notice, tax, order, scheme, licence, by-law, or form made, issued, imposed or granted under this Act;(e)all budget estimates, assessments, assessment lists, valuation or measurements made, or authenticated under any law governing such townships immediately before the specified date in respect of such local area shall be deemed to have been made or authenticated in this Act;(f)all debts and obligations incurred and all contracts made by or on behalf of the township committee before the specified date and subsisting on the specified date shall be deemed to have been incurred and made by the municipality, or as the case may be, the [Third Grade Municipality] [Substituted for the words 'town Panchayats' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004).], in exercise of the powers conferred on it by this Act;(g)all officers and servants in the employment of the township committee immediately before the specified date shall be officers and servants of the municipality, or as the case may, be the [Third Grade Municipality] [Substituted for the words 'town Panchayats' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004).], under this Act, and shall until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and subject to the conditions of service to which they were entitled or subject immediately before such date:Provided that it shall be competent to the municipality or [Third Grade Municipality] [Substituted for the words 'town Panchayats' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004).] subject to the previous sanction of the State Government to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable to the requirements of the municipality or [Third Grade Municipality] [Substituted for the words 'town Panchayats' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004).] service after giving such officer or servant such notice as is ' required to be given by the terms of his employment and every officer or servant whose services are discontinued, shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated . out of service as if the township committee in the employment of which he was, had not ceased to exist;(h)all proceedings pending immediately before the specified date before the township committee shall be deemed to be transferred to and be continued before the municipality or [Third Grade Municipality] [Substituted for the words 'town Panchayats' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004).];(i)all appeals pending immediately before the specified date before the township committee shall, so far as may be practicable, be disposed of as if such local area had been included in the municipality or [Third Grade Municipality] [Substituted for the words 'town Panchayats' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004).] when they were filed;-(j)all prosecutions instituted by or on behalf of the township committee and all suits or other legal proceedings instituted by or against such township committee or any officer of such township committee pending immediately before the specified date shall be continued by or against the Municipality or [Third Grade Municipality] [Substituted for the words 'town Panchayats' by the Tamil Nadu District Municipalities (Amendment) Act 2004 (Tamil Nadu Act 24 of 2004).] as if such local area had been included in the municipal area or [transitional area] [Substituted for the words 'panchayat town' by the Tamil Nadu District Municipalities (Amendment) Act, 2004 (Tamil Nadu Act 24 of 2004)] when such prosecutions, suits or proceedings were instituted.
