Section 97 in THE UTTAR PRADESH AVAS EVAM VIKAS PARISHAD ADHINIYAM, 1965
97. Dissolution of Improvement Trust and its consequences.- (1) On and from the day on which this Act comes into force in an area, any Improvement Trust constituted for that area or part thereof shall stand dissolved and all its assets and liabilities shall stand transferred to and vested in the Board.
(2)The betterment tax-in respect of any land which the Improvement Trust was immediately before the appointed day entitled to levy, assess or recover may be levied, assessed or recovered by the Board as if it were a betterment fee leviable under this Act.(3)Every scheme and all proceedings relating thereto under the U.P. Town Improvement Act, 1919 (U.P. Act VIII of 1919), including proceedings for the levy, assessment or recover of betterment tax, pending on the appointed day shall stand transferred to the Board, which shall proceed further with the scheme or with the execution thereof or with levy, assessment or recovery of betterment fee in connection therewith, from the stage at which it was transferred to it in accordance with the corresponding provisions of this Act:Provided that the Board may, if it thinks fit, recall any step or proceeding already gone through under the said Act and take that step or proceeding afresh under the corresponding provision of this Act.Explanation. - The expression "corresponding provision of this Act" means in case of doubt, such provision as may be specified by the State Government, by general or special order, to be the corresponding provision for that purpose.(4)Unless otherwise expressly provided by or under this Act, all contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which an Improvement Trust is a party or which are in favour of such Trust shall have force and effect against or in favour of the Board, as the case may be, and may be enforced or acted upon as if, instead of the Improvement Trust, the Board had been a party thereto or as if they had been entered into or made in favour of the Board.(5)If on the appointed day any suit, appeal or other legal proceeding of whatever nature by or against any Improvement Trust is pending the same may be continued, prosecuted or enforced by or against the Board.Explanation. - For the purpose of this sub-section, "legal proceeding" includes any proceeding under the Land Acquisition Act, 1894 (Act No I of 1894).(6)Every whole-time employee of an Improvement Trust shall, on and from the appointed day, become an employee of the Board, and shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to gratuity, if any, and other matters as he would have held the same on the appointed day as if this Act had not come into force and shall continue to do so until his remuneration, terms and conditions are duly altered by the Board.(7)If any dispute arises as to whether any person was a whole time employee of an Improvement Trust or as to his remuneration and terms and conditions of service immediately before the appointed day, it shall be referred to the State Government whose decision thereon shall be final.(8)Notwithstanding anything contained in any law for the time being in force, the transfer of the services of any employee of an Improvement Trust to the Board shall not entitle any such employee to any compensation, and no such claim shall be entertained by any court, tribunal or other authority.(9)Where an Improvement Trust has established a provident fund or superannuation fund or any other fund for the benefit of its employees, the moneys standing to the credit of any such fund on the appointed day, together with any other assets belonging to such fund, shall stand transferred to and vested in the Board.
