15. Declaration of intention to include in, or exclude from, a transitional area, any area, or to specify a transitional area as a smaller urban area or withdraw such area from the operation of the Act and consequences thereof.
(1)The Government may, after consultation with the Nagar Panchayat and subject to the provisions of section 13, by notification declare its intention, -(a)to include within a transitional area, any area adjacent thereto; or(b)to exclude from a transitional area, any area comprised therein; or(c)to specify a transitional area to be a smaller urban area; or(d)to withdraw a transitional area altogether 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 sub-section (1), the provisions of sub-section (2) of Section 3 relating to the publication of a copy of the notification, and of section 4 relating to the submission of objections, shall apply.(4)On the expiry of a period of thirty days from the date of publication of the notification referred to in sub-section (1) and after consideration of the objections submitted, the Government may, be notification, -(a)include within a transitional area any area adjacent thereto; or(b)exclude from a transitional area, any area comprised therein; or(c)specify a transitional area to be a smaller urban area; or(d)withdraw a transitional area altogether from the operation of this Act.(5)When any area within the jurisdiction of any local authority is included in a transitional area, -(a)the provisions of this Act, and except as the Government may, 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 such transitional area, shall apply to, and shall be deemed to have been imposed in, the area so included;(b)the Government may, by notification, issue such orders as it may deem fit,-(i)as to the transfer to the Nagar Panchayat, or disposal otherwise, of assets or institutions of such local authority in the area so 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)When any area is excluded from a transitional area and included within the jurisdiction of any other local authority, -(a)the provisions of this Act or the rules, regulations, notifications, orders, directions, powers made, issued or conferred and all taxes, duties, tolls and fees imposed under this Act and in force in such transitional area shall cease to apply and shall cease to be imposed in the area so excluded;(b)the Government may, by notification, issue such orders as it may deem fit,-(i)as to the transfer to such local authority, or disposal otherwise of, the assets or institutions of the Nagar Panchayat of the transitional area; and(ii)as to the discharge of the liabilities, if any, of such Nagar Panchayat relating to such assets or institutions.(7)Upon the issue of a notification under sub-section (4), specifying a transitional area as a smaller urban area, -(a)the notification referred to in Section 14, in so far as it specifies such transitional area, shall stand rescinded and such transitional area shall cease to exist; and(b)the provisions of this Act as may be applicable to a smaller urban area shall, with such modifications as may be specified by the Government, apply in the area so covered :Provided that the members of the Nagar Panchayat of such transitional area, shall subject to the provisions of Section 62, be deemed to be the members of the Municipal Council of the smaller urban area and continue to function as such until a Municipal Council is constituted therefor.(8)Upon the issue of a notification under sub-section (4), withdrawing any transitional 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 all the other property vested in the Nagar Panchayat shall vest in the Government and the liabilities of the Nagar Panchayat, shall stand transferred to the Government;(c)Any right, privilege, obligation or liabilities acquired, accrued to or incurred by the Nagar Panchayat immediately before such withdrawal shall vest in or be enforceable against the Government :Provided that any tax, fee or other amount due from any person to the Nagar Panchayat shall be recoverable by the Government as an arrear of land revenue.(d)all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Nagar Panchayat, may be continued or instituted by or against the Government;(e)the posts of officers and employees of the Nagar Panchayat shall be deemed to have been abolished and consequently the cadre of the Municipal Services constituted under section 108 comprising any such posts shall be deemed to have been correspondingly reduced :Provided that the Government shall provide alternative employment in other municipalities to the persons becoming surplus consequent to such abolition or reduction and for that purpose the Government can direct any municipality to appoint a person on a post to which he may be found suitable by the Government.
