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State of Uttar Pradesh - Section

Section 579 in Uttar Pradesh Municipal Corporation Act, 1959

579. Special provisions

(1)[Where any area is specified to be a larger urban area under clause (2) of Article 243-Q of the Constitution] [Substituted by U.P. Act 26 of 1995, S.28 (w.e.f 30-05-1994).] the State Government may, notwithstanding anything in this Act, or any other enactment for the time being in force in such area -
(a)by notification in the Official Gazette appoint an interim Municipal Commissioner to exercise the powers and perform the functions of a Municipal Commissioner under this Act [* * *] [Omitted by U.P. Act 26 of 1995, S.28 (w.e.f 30-05-1994).];
(b)requisition the services of any officer or servant of the Municipal [Council] [Substituted for 'Board' by U.P. Act 26 of 1995, S.28 (w.e.f 30-05-1994).], Improvement Trust or Development Board or other local authority functioning in relation to the area included in such City for the purposes of all works relating to the establishment of the Corporation of such City;
(c)by order provide for such other matters as may be necessary for facilitating the establishment of the Corporation for such City.
(2)The salary and allowances of the officers and servants referred to in clause (b) of sub-section (1) shall be paid out of the funds of the respective local authority of which they were officers or servants at the time of requisition of their services and the salary and allowances of the interim Municipal Commissioner shall be paid out of the fund of such local authority as the State Government may direct..[579A. Provision until the constitution of Municipal Corporation. [Inserted By U.P. Act 12 Of 1994, (W.E.F 30-05-1994)]
(1)Notwithstanding anything in this Act, during the period between the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, and the [first] constitution of the Municipal Corporation under this Act [as amended by the said Act] [Inserted by U.P. Act 26 of 1995, S.29 (w.e.f 30-05-1994).], the Nagar Mahapalika and its Mayor, [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8. ] and members shall respectively exercise, perform and discharge the powers, functions and duties of the Municipal Corporation, its Mayor, [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] and members and shall be deemed respectively to be the Municipal Corporation, its Mayor, [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] and members.
(2)Where the term or the extended term of [the Nagar Mahapalika as it stood immediately before the commencement of, the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, expires after such commencement and a new Corporation is not constituted under the provisions of this Act as amended by the said Act then on such expiry and until the constitution of new Corporation] [Substituted by U.P. Act 26 of 1995, S.29 (w.e.f 30-05-1994).]
(a)[* * *] [Omitted by U.P. Act 26 of 1995, S.29 (w.e.f 28-12-1994).]
(b)all powers, functions and duties of the Corporation, its Mayor, [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.], Executive Committee, Development Committee and other Committees appointed under clause (e) of Section 5 and of the Municipal Commissioner shall [continue to vest in and be exercised, performed and discharged by the Administrator who shall] [Substituted by U.P. Act 26 of 1995, S.29 (w.e.f 28-12-1994).] be deemed in law to be the Corporation, the Mayor, the [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.], Executive Committee, Development Committee, other Committees or the Municipal Commissioner as the occasion may require;
(c)subject to any general or special orders of the State Government, the Administrator may, in respect of all or any of the powers conferred on him by clause (b),-
(i)consult such Committee or other body, if any, constituted in such manner as may be specified by him in that behalf; or
(ii)delegate, subject to such conditions as he may think fit to impose, the powers so conferred, to any person or to any committee or other body constituted under sub-clause (i), to be specified by him in that behalf;
(d)such salary and allowances of the Administrator as may be fixed by general or special order of the State Government in that behalf shall be paid out of the Corporation Fund.
(3)[ Notwithstanding anything in sub-section (2), the election to constitute the Corporation shall be held within a period of one and a half years from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 in accordance with the provisions of this Act as amended by the said Act and on the constitution of the Corporation the provisions of clauses (b), (c) and (d) of sub-section (2) shall cease to have effect.] [Substituted by U.P. Act 26 of 1995, S.29 (w.e.f 30-05-1994).]
(4)[* * *] [Omitted by U.P. Act 26 of 1995, S.29 (w.e.f 28-12-1994).]]