Section 9 in The Thoothukudi City Municipal Corporation Act, 2008
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 municipal council with all rights of whatever kind used, enjoyed or possessed by the said municipal council as well as all liabilities legally subsisting against the said municipal council, 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 municipal 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 municipal 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of this Act and shall continue to be in force accordingly until such taxes, fees and duties are revised, cancelled or superseded by anything done or any action taken under this Act.(4)All proceedings taken by, or against, the municipal council or authority or any person under the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 been in force.(6)Notwithstanding anything contained in this Act, every officer or employee who, immediately before the date of the commencement of this Act was in the service of the municipality' shall, on and from the date of such commencement, 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 increment, 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 transferred to the service referred to in 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 Thoothukudi municipality into wards, made under the District Municipalities Act, and in force on 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 Thoothukudi 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.(9)Notwithstanding anything contained in this Act, the chairman, vice-chairman and the councillors of the Thoothukudi municipality, who are elected and holding office as such immediately before the date of the commencement of this Act, shall be deemed to be the Mayor, Deputy Mayor and councillors of the Thoothukudi City Municipal Corporation elected i under this Act and such Mayor, Deputy Mayor and councillors shall continue to hold office up to such date as the Government may, by notification, fix in this behalf or, in case no such date is fixed, up to the date on which their term of office would expire under the District Municipalities Act and such Mayor, Deputy Mayor and councilors shall exercise all the powers and perform all duties conferred on the Mayor, Deputy Mayor and councillors by or under this Act.;
