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State of Jharkhand - Section

Section 615 in Jharkhand Municipal Act, 2011

615. Repeal and Savings.

(1)With effect from the date of coming into force of this Act, the Jharkhand Municipal Act, 2000, and Ranchi Municipal Corporation Act, 2001 shall stand repealed.
(2)The gram panchayats, panchayat samities and zilla parishads, constituted under the Jharkhand Panchayat Raj Act 2001, whose jurisdiction extends over the municipal area shall not exercise powers and functions as have been entrusted to the municipality under this Act.
(3)The operation of Ranchi Regional Development Authority set up under the Jharkhand Regional Development Authority Act, 2001 shall cease within limits of Ranchi Municipal Corporation.
(4)The operations of Mineral Area Development Authority set up under the Jharkand Mineral Development Authority Act, 1986, to the extent notified by the State Government, shall cease to exist with effect from the date this Act comes into force and shall vest with Dhanbad Municipal Corporation.
(5)The operations of Hazirabagh Mines Board set up under the Hazirabagh Mines Board Act, 1936, to the extent notified by the State Government, shall cease to exist with effect from the date this Act comes into force and shall vest with Hazirabagh Municipality.
(6)Notwithstanding the provisions of sub-sections (1), (3), (4) and (5) -
(a)subject to the scrutiny of the requirements of the municipality assessed by an officer or officers appointed by the State Government, every such officer or other employee serving with various authorities, organisations set up under the Acts listed in sub-sections (1), (3), (4) and (5) of this section, immediately before the date of the commencement of this Act and on and from such date shall be deemed to have been transferred to and become an officer or other employee of the municipality with such designation as the municipality may determine and may hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held if the Acts were not repealed, and shall continue to do so unless and until such tenure, remuneration and terms and condition are duly altered by the municipality:
Provided that any service rendered by such an officer or other regular employees before the repeal of various Acts referred in sub sections (1), (3), (4) and (5) shall be deemed to be service rendered under the municipality:Provided further that the officer or officers appointed by the State Government shall screen and verify service record of each officer and employee and only such officers and employees shall be absorbed in the municipality which have been appointed against duly sanctioned posts in accordance with law by a competent authority,
(b)anything done or any action taken (including any appointment made and rules or regulations issued under various Acts listed in sub-section (1), (3), (4) and (5)) shall continue to be in force and be deemed to have been done or taken under the provisions of this Act unless it is superseded, modified, or altered by anything done or any action taken under this Act,
(c)all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the various authorities and organisations set up under the Acts listed in sub-sections (1), (3), (4) and (5) of this section shall be deemed to have been incurred, entered into or engaged to be done by, with or for the municipality,
(d)all properties movable and immovable and all rights, titles, and interests in any property vested in the authorities and organisations set up under the Acts listed in sub-sections (1), (3), (4) and (5) of this section shall vest in the municipality and all properties in possession of such organisations shall be deemed to be properties of the municipality,
(e)all suits, prosecutions, and other legal proceedings instituted or which might have been instituted by, for, or against the said authorities and organisation set up under the Acts listed in sub-sections (1), (3), (4) and (5) of this section may be continued or instituted by, for or against the municipality,
(f)all sums charged on any property under various Acts listed in sub-sections (1), (3), (4) and (5) of this section or the rules or regulations framed thereunder shall continue to be charged on that property and the charge shall be enforceable by the municipality,
(g)from the date, the Act comes into effect, the municipality will have the same right as the said various authorities and organisations had in all lands within the area notified under sub-section (1), (3), (4) and (5) of the Act which were previously held by the said various authorities and organisations on lease from the State Government for a certain period or the possession of which has been delivered to the aforesaid authorities and organizations,
(h)the municipality shall continue to enjoy the powers to realise the various sources of income in terms of levies, fees, cess, etc.; otherwise empowered to be realised by said various authorities and organisation under their respective Acts and rules and regulations framed thereunder specified under sub-sections (3), (4) and (5) of this section of the Act, as if the said authorities were still functioning under their respective statutes until the same are amended by the municipality, from time to time.
(7)Notwithstanding anything contained in this Act, the councils constituted under the Acts referred in sub-section (1) shall continue in office till expiry of their respective terms.
(8)Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the Acts referred in sub-section (1) shall be deemed to have been done or taken in exercise of the powers conferred under this Act, as if this Act were in force on the day on which such thing or action was done or taken.