6. Declaration of intention to include or exclude from any Municipal area or from the operation of the Act.
(1)The Government after consultation with the Municipal Council or Town Council, as the case may be, by notification, declare its intention(a)To include within the Municipal Council area or Town Council area, any area adjacent thereto; or(b)To exclude from the Municipal area or Town Council area, any area comprised therein; or(c)To withdraw any urban area from the operation of this Act.(2)Every such notification shall define the limits of the area to which it relates.(3)When a notification is issued under subsection (1), the provisions of sub section (2) of Section 3 relating to the publication of the notification of section 4 relating to the submission of objections, shall apply.(4)On the expiry of a period of 30 days from the date of publication of the notification referred to in sub section (1) and after consideration of the objections, if any submitted, the Government may, by notification, -(a)Include with the Municipal council area or Town Council area, any area adjacent thereto; or(b)Exclude from the Municipal council area or Town Council area, any area comprised therein; or(c)Withdraw any urban area from the operation of this Act.(5)Where any area within the territorial jurisdiction of any local authority is constituted as Municipal Council or Town Council or included in such Municipal Council area or Town Council area, -(a)The provisions of this Act, except as the Government, by notification otherwise direct, all rules, regulations, notifications, orders, directions and powers made, issued or conferred and all taxes, duties, tolls and fees imposed under this Act and in force in Municipal Council Areas or Town Council Areas shall apply to and shall be deemed to have been imposed in the area so constituted or included;(b)The Government may, by notification, issue such orders as it may deem fit(i)As the transfer to the Municipal Council or Town Council or disposal otherwise of the assets or institutions of such local authority in the area constituted or included, - and(ii)As to the discharge of the liabilities, if any, of such local authority relating to such assets or institutions.(6)Where any area is excluded from the Municipal Council area or Town Council area and included in the area within the Territorial Jurisdiction of any other local authority -(a)The provisions of this Act or any rules, regulations, notifications, orders, directions and powers made, issued or conferred and all taxes, duties, tolls and fees imposed under this Act and the force in such Municipal Council area or Town Council area shall cease to apply and shall cease to be imposed in the area so excluded.(b)The Government may, by notification, issued such orders, as it may deem fit.(i)As to the transfer of such local authority or disposal otherwise of the assets or institutions of Municipal Council or Town Council and(ii)As to discharge of liabilities, if any, of such Municipal Council or Town Council relating to such assets or institutions.(7)Upon the issue of a notification under sub section (4) withdrawing any urban area altogether from the operation of this Act, -(a)The provisions of this Act and all notifications, rules, regulations, orders, directions and powers issued, made or conferred thereunder, shall cease to apply to such area;(b)The municipal fund and also other property vested in the municipal Council or Town Council shall vest in the Government and the liabilities of the municipal council or Town Council shall transferred to the Government;(c)Any right, privilege, obligation or liability acquires, accrued to or incurred by the municipal Council or Town Council immediately before such withdrawal, shall vest in or be enforceable against the Government.Provided that any tax, fee or other amount due from any personal to the Municipal Council or Town Council shall be recoverable by the Government as arrear of land revenue.(c)All suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Municipal Council or Town Council, may be continued or instituted by or against the Government;(d)The posts of officers and employees of the Municipal Council or Town council shall be deemed to have been abolished and consequently the cadre of Municipal services comprising such posts shall be deemed to have been correspondingly reduced.Provided that the Government shall provide alternative employment in other Municipalities to the person becoming surplus consequent upon such abolition or reduction and for that purpose the Government can direct any Municipalities to appoint a person on a post to which he may be found suitable by the Government.Chapter-II Municipal Council
