10A. [ Term of municipality. - (1) Every municipality shall, unless sooner dissolved under Section 39, continue for five years from the date appointed for its first meeting and no longer.
(2)An election to constitute a municipality shall be completed, -(a)before the expiry of its term specified in sub-section (1); or(b)before the expiration of a period of six months from the date of its dissolution :Provided that where the remainder of the period for which the dissolved municipality would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the municipality for such period.(3)A municipality constituted upon the dissolution of a municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued under sub-section (1), had it not been so dissolved.] [Substituted by U.P. Act No. 12 of 1994.](4)[ Notwithstanding anything to the contrary contained in any other provision of this Act, where, due to unavoidable circumstances or in the public interest, it is not practicable to hold an election to constitute a Municipality before the expiry of its term, then until the due constitution of such Municipality, all the powers, functions and duties of the Municipality shall be exercised and performed by the District Magistrate or by a Gazetted Officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf, and such District Magistrate or Officer shall be called the Administrator, and such Administrator shall be deemed in law to be the Municipality, the President or the Committee as the occasion may require.] [Inserted by U.P. Act No. 23 of 2005.]Uttarakhand AmendmentIn the end of Section 10-A, a new sub-section shall be inserted, namely :-(4)[ Notwithstanding anything to the contrary contained in any other provision of this Act. where due to unavoidable circumstances or in the public interest, it is not practicable to hold an election to constitute a Municipal Council/Nagar Panchayat before the expiration of its duration, then until the due constitution of such Municipal Council/Nagar Panchayat, all powers, functions and duties of Municipal Council/Nagar Panchayat, shall be exercised, performed and discharged by the District Magistrate or by such Gazetted Officer not below the rank of Sub-Divisional Magistrate, to be appointed in this behalf by the District Magistrate and such District Magistrate or such Officer shall be deemed in law to be the Chairman/President or Committee, as the occasion may require :Provided that the term of the Administrator, appointed under this section, shall not exceed six months or till the new constitution of new Board.] [Inserted by Uttarakhand Act No. 3 of 2008.]
