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State of Andhra Pradesh - Section

Section 140 in Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016

140. Dissolution of existing Authority.

(1)The State Government may, by notification in the Andhra Pradesh Gazette, dissolve any existing Authority which was constituted under the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act 1 of 1975) or any other Act for any development area before constitution of the Authority under this Act for such development area. Such dissolved Authority may be called as 'former Authority.
(2)All the lands, buildings and other property movable and immovable, vested in the former Authority and all assets, rights and interests vested in, and all outstanding debts, liabilities and obligations incurred by the former Authority in connection therewith, shall be transferred to and shall vest in the Authority without further assurance.
(3)All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before the date of constitution of the Authority, affecting any of the property, rights, interests, liabilities and obligations transferred to or vested in the Authority under this Act shall continue in force on and after that date and shall be enforceable by or against the Authority as if, instead of the former Authority or a person acting on behalf of the former Authority, the Authority had been named therein or had been a party thereto.
(4)Any proceedings or cause of action pending or existing immediately before the date of constitution of the Authority, by or against the former Authority or any person acting on its behalf, may be continued and shall be enforced by or against the Authority.
(5)Sub section (4) shall not apply to any proceedings or cause of action relating to any sums of money paid, or payable by way of installments, to the former Authority.
(6)After the dissolution of the former Authority, the Government shall decide on every proposal, plan and project submitted by the former Authority before the date of constitution of the Authority, and which have neither been approved nor rejected by the Government under the relevant Act.
(7)Any scheme, contract, document, licence, consent or resolution prepared, made, granted, approved or issued by or on behalf of the former Authority under any provision of the relevant Act, shall, except as otherwise expressly provided in this Act or any other written law, continue and be deemed to have been prepared, made, granted or approved by the Authority.
(8)Where anything has been commenced by or on behalf of the former Authority, before the date of enactment of the Act, such thing may be carried on and completed by or under the control of the Authority.
(9)In any written law and in any document, unless the context otherwise requires, any reference to the former Authority shall be construed as a reference to the Authority.
(10)
(a)as from date of constitution of the Authority under this Act, every person who immediately before that date is employed by the former Authority, maybe transferred to the Authority subject to the satisfaction of the Authority of such persons possessing the required skills and experience.
(b)notwithstanding anything contained in clause (a), Government shall have right to redeploy persons under the employment of the former Authority to other similar Authorities or to other local bodies in the State or to any other government department or agency.
(c)until such time as terms and conditions of service are drawn up by the Authority, the schemes and terms and conditions of service of the former Authority shall continue to apply to every person transferred to the service of the Authority under this Act as if he were still in the service of the former Authority.
(d)the terms and conditions to be drawn up by the Authority shall take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Authority under this Act while in the employment of the former Authority and any such term or condition relating to the length of service with the Authority shall provide for the recognition of service under the former Authority by the persons transferred to be service by them under the Authority.
(e)nothing in the terms and conditions to be drawn up by the Authority shall adversely affect the conditions that would have been applicable to persons transferred to the service of the Authority as regards any pension, gratuity or allowance payable to them.
(f)where any person in the service of the Authority whose case does not come within the scope and effect of any pension or other schemes referred to under this section, retires or dies in the service of the Authority or is discharged from such service, the Authority may grant to him or to such other person or persons wholly or partly dependent on him, as the Authority may think fit, such allowance or gratuity as the Authority may determine.
(g)where on the date of constitution of an Authority under this Act any disciplinary proceedings were pending against any employee of the former Authority who has been transferred to the service of the Authority under this Act, the proceedings shall be carried on and completed by the Authority under and inconformity with this Act as far as practicable; but where on that date any matter was in the course of being heard or investigated or had been heard or investigated by the former Authority and no order or decision had been rendered thereon, the former Authority shall continue to exist, notwithstanding this Act, for the purpose of completing the hearing or investigation and the making of an order or rendering a decision, as the case may be.
(h)for the purposes of completing a hearing or investigation before it, or making an order or rendering a decision on a matter heard or investigated before the date of enactment of the Act, the former Authority shall complete the hearing or investigation in accordance with the authority vested in the former Authority or committee immediately before that date and make such order or direction as the former Authority could have made under the authority vested it immediately before that date.
(i)any order, rule or direction made or given by the former Authority shall be treated as an order or direction of the Authority and have the same force or effect as if it had been made or given by the Authority pursuant to the authority vested in the Authority under this Act.
(j)the Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while he was in the employment of the former Authority, been guilty of any misconduct or neglect of duty which would have rendered him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner by the former Authority or any other person acting under its authority or direction or otherwise, as if this Act had not been enacted.