Section 9 in The Salem City Municipal Corporation Act, 1994
9. Transitional provisions.
(1)All property, all rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind owned by, or vested in, or held in trust by or for the council, with all rights of whatever kind used, enjoyed or possessed by the said council, as well as all liabilities legally subsisting against the said council, shall, on and from the date of the commencement of this Act and subject to such directions as the Government may, by general or special order, give in this behalf, vest with the corporation.(2)All arrears of taxes or other payments by way of composition for a tax, or due for expenses or compensation, or otherwise due to the said council on the date of such commencement may be recovered as if they had accrued to the corporation and may be recovered as if the said arrears or payments had become due, under the provisions of this Act.(3)All taxes, fees and duties, which immediately before the date of the commencement of this Act, were being levied by the said council, shall be deemed to have been levied by the corporation under the provisions of this Act and shall continue to be in force accordingly until such taxes, fees and duties are revised, cancelled or superseded by anything done or any action taken under this Act.(4)All proceedings taken by, or against, the council or authority 01 any person under the District Municipalities Act, may be continued by, or against, the corporation, authority or person as if the said proceedings had been commenced under the provisions of this Act.(5)Any action taken under the District Municipalities Act, by any authority before the date of such commencement shall be deemed to have been taken by the authority competent to take such action under this Act as if this Act had then been in force.(6)Notwithstanding anything contained in this Act, every officer or employee who, immediately before the date of such commencement was in the service of the municipality shall, on and from the date of the commencement of this Act, be deemed to be an officer or employee of the corporation:Provided that -(a)the terms and conditions applicable to such officers and employees consequent on their absorption in the service of the corporation shall not be less favourable than those applicable to such employees immediately before the date of such commencement, as regards pay and allowances, leave, pension, gratuity, provident fund and age of superannuation; and(b)the service rendered by any such officer or other employee under the municipality up to the date of such commencement shall be deemed to be service under the corporation and he shall be entitled to count that service for the purpose of increments, leave, pension, provident fund and gratuity:Provided further that any officer or other employee serving in the municipality shall be given an option to be exercised within such time and in such manner as may be prescribed either to be absorbed in the service of the corporation or to be retained in the service constituted under section 73-A of the District Municipalities Act, or to be retrenched from the service of the municipality on such retrenchment benefits as may be prescribed.(7)Any division of the Salem Municipality into wards made under the District Municipalities Act, and in force of the date of the commencement of this Act shall be deemed to be a division of the corporation until altered.(8)The electoral roll prepared for the Salem Municipality under the District Municipalities Act, and in force on the date of the commencement of this Act, shall be deemed to be the electoral roll for the corporation until a new electoral roll is prepared and published and the part of the said electoral roll relating to each ward of the municipality shall be deemed to be the list of the electoral roll for the corresponding division of the corporation.
