Section 501C in Karnataka Municipal Corporations Act, 1976
501C. Effect of declaration of [a city municipal area and some other areas as a larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] under this Act.
- [(1)] [Renumbered by Act 35 of 1994 w.e.f. 1.6.1994.] If any local area having a [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and one or or more other local authorities is declared to be a [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] under section 3, then, notwithstanding anything contained in this Act or in the Karnataka Municipalities Act, 1964 or in the law applicable to such other local authorities, with effect from the date of such declaration, such [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and local authorities shall cease to exist and the members thereof shall vacate their offices and the following consequences shall ensue, namely:-(a)the provisions of the Karnataka Municipalities Act, 1964 and the law applicable to the other local authorities shall not apply to the local area declared to be a [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.]:Provided that any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made or issued or imposed under the said laws in respect of such [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipality and other local authorities which were in force as applicable immediately before the date of such declaration shall continue in force and be deemed to have been made, issued or imposed under the provisions of this Act unless and until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made or issued or imposed under this Act;(b)the unexpended balance of the funds of the said [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and the local authorities (including arrears of rates, taxes and fees) belonging to the said municipal council and the local authorities and all properties, rights, labilities and powers which, prior to such declaration, vested in the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and other local authorities shall, subject to all charges and liabilities affecting the same, vest in the corporation of the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] (hereinafter referred to as the corporation);(c)all budget estimates, assessment lists, valuations or measurements, made or authenticated under any law or rule immediately before the said date of declaration in respect of the said [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and the local authorities shall be deemed to have been made or authenticated under this Act;(d)all debts and obligations incurred and all contracts made by or on behalf of the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and the local authorities immediately before the said date of declaration and subsisting on the said date shall be deemed to have been incurred and made by the corporation in exercise of the powers conferred on it by this Act;(e)all officers and servants in the employ of the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and the local authorities immediately before the said date of declarations shall become officers and servants of the corporation under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled immediately before such date:Provided that it shall be competent to the corporation, subject to the previous sanction of the Government, to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable for the requirements of the service under the corporation after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are dispensed with shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service, as if the city municipality or the local authority in the employ of which he was, had not ceased to exist;(f)all proceedings pending on the said date before the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council or the local authorities shall be deemed to be transferred to and shall be continued before the Corporation;(g)all appeals pending before any authority shall; so far as may be practicable, be disposed of as if the said local area had been included in the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] when they were filed;(h)all prosecutions instituted by or on behalf of the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and the local authorities, all suits or other legal proceedings instituted by or against the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and the local authorities or any officer thereof pending on the said date shall be continued by or against the corporation as if the area of the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and the local authorities had been included in the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] when such prosecutions had been, suits or proceedings were instituted;(i)all arrears of rates, taxes and fees vesting in the corporation shall, notwithstanding that such rates, fees cannot be levied under this Act, be recoverable in the same manner as a tax recoverable under this Act;(j)until the reconstitution of the corporation in accordance with the provisions of this Act, notwithstanding anything to the contrary contained in this Act the councillors of the corporation of the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] shall consist of the councillors of the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council and such manner of other persons as maybe nominated by the Government and such nominated persons shall, as far as may be practicable, be persons who are the members of the other local authorities which have ceased to exist;(k)the President and the Vice-President of the [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council shall be the Mayor and the Deputy Mayor of the corporation;(l)where, under and the provisions of section 315 or section 316 of the Karnataka Municipalities Act, 1964, either an administrator or an officer has been appointed to exercise the powers and perform the duties of the said [larger urban area] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] municipal council, then, such administrator or officer shall be deemed to be an administrator appointed in respect of the corporation under section 99 of this Act [x x x] [Omitted by Act 35 of 1994 w.e.f. 1.6.1994.]. [x x x] [Omitted by Act 35 of 1994 w.e.f. 1.6.1994.] The advisory council, if any, appointed to advise and assist the administrator appointed under section 315 of the Karnataka Municipalities Act, 1964 shall be deemed to be an advisory committee appointed under sub-section (6) of section 99.(2)[ A corporation shall be duly constituted for the larger urban area under this Act within a period of six months from the date of declaration referred to in sub-section (1) and from the date of the first meeting of the corporation as so constituted the body exercising the power and performing the duties of the Corporation shall stand dissolved.] [Inserted by Act 35 of 1994 w.e.f. 1.6.1994.]
