Section 3A in The Gujarat Provincial Municipal Corporations Act, 1949
3A. [ Consequences on alteration of limits of City. [Section 3A was inserted with effect on and from the 1st April, 1986 by Gujarat 19 of 1986, Section 2 (w.r.e.f. 09-04-1986).]
(1)(a)Where by a notification under [Clause (2) of article 2430 of Constitution of India] any area is included within the limits of a City, all appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under this Act by the Corporation in respect of the City and in force within the City immediately before the area is included in the City, shall, notwithstanding anything contained in this Act or any other law for the time being in force, extend to and be in force in the area so included from the date on which the area is included in the City.(b)Where there are in force in the area included in a City, and appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules bye-laws or forms immediately before such area is included in the City either corresponding to or inconsistent with the appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms extended and brought into force by clause (a), such appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms shall stand superseded.(2)Where by a notification under [Clause (2) of article 243Q of Constitution of India] [These words, brackets, figures and letter were substituted for the words, brackets and figures 'sub-section (3) of section (3)' by Gujarat 16 of 1993, Section 4(1).] any area is, excluded from the limits of a City, all appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under this Act by the Corporation in respect of the City and in force within its area immediately before the area is excluded from the City shall, notwithstanding anything contained in this Act or any other law for the time being in force, continue to be in force in the area so excluded until they are superseded or modified.(3)Where by a notification under [Clause (2) of article 243Q of Constitution of India] [These words, brackets, figures and letter were substituted for the words, brackets and figures 'sub-section (3) of section 3' by Gujarat 16 of 1993, Section 4(1).] the limits of any City are altered so as to-(a)include any area therein, or(b)exclude any area therefrom.the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by order published in the Official Gazette, provide for all or any of the following matters, namely:-(i)[ in a case falling under clause (a), the interim increase in the number of Councillors shall be filled by election of additional members from amongst such persons entitled to vote at such election from such area, as the State Government may determine and the term of such councillor shall be for the remainder of the duration of the Corporation; [Paragraphs (i) and (ii) were substituted for paragraphs (i), (ii) and (iii), by Gujarat 16 of 1993, Section 4(2).](ii)in a case falling under clause (b), the removal of councillors, who in the opinion of the State Government shall represent the area so excluded from the City.](iii)the transfer, in whole or in part, of the assets, rights and liabilities of the surrendering local authority (including the rights and liabilities under any contract made by it) to the absorbing local authority or to the State Government and the terms and conditions for such transfer;(iv)the substitution of any absorbing local authority for the surrendering local authority or the addition of any such absorbing local authority, as a party to any legal proceeding to which a surrendering local authority is a party and the transfer of any proceeding pending before a surrendering local authority or any authority or officers subordinate to it to the absorbing local authority or any authority or officer subordinate to it;(v)the transfer or re-employment of any employees of a surrendering local authority to or by the absorbing local authority or the termination of services of any employee of a surrendering local authority, and the terms and conditions applicable to such employee after such transfer or reemployment or termination;(vi)the continuance within the area so included in, or excluded from, a City under clause (a) or (b) of all or any budget estimates, assessments, assessment list or, as the case may be, assessment book, valuations, measurements or divisions made or authenticated by, or in respect of, the surrendering local authority and in force within its area immediately before the notified day, until they are superseded or modified;(vii)the removal of any difficulty which may arise on account of any change referred to in clauses (a) and (b).(4)Where an order is made under sub-section (3) transferring the assets, rights and liabilities of a surrendering local authority, then by virtue of that order, such assets, rights and liabilities of such local authority shall vest in, and be the assets, rights and liabilities of, the absorbing local authority.(5)The Corporation constituted for the City and functioning immediately before the alteration of the limits of the City shall, subject to the addition or exclusion of members under sub-section (3) and the other provisions of this section continue to function till the expiry of its term under this Act and on such expiry it shall be reconstituted in the manner provided in this Act.Explanation. - In this section, unless the context otherwise requires,-(1)"absorbing local authority" means the local authority in the area under whose jurisdiction an area is included under '[clause (2) of article 243Q of Constitution of India];(2)"local authority" means the Corporation of a City, a municipality for a municipal borough, a nagar panchayat, or, as the case may be, a gram panchayat; and includes, where such Corporation, municipality or panchayat has been superseded or dissolved, the person or persons appointed to exercise the powers or to perform the functions of such Corporation, municipality or panchayat;(3)"notified day" means the day on which the alteration of the limits of a City [***] [The words and Figure 'Under Section 3' were deleted by Gujarat 16 of 1993, Section 4(3).] takes effect;(4)"surrendering local authority" means the local authority from the area under whose jurisdiction any area is excluded under [clause (2) of article 243Q of Constitution of India] [These words, brackets. Figures and letter were substituted for the words, brackets and figures 'sub-section (3) of section (3)', by Gujarat 16 of 1993, Section 4(1).];Explanation II. - For the purposes of clause (2) of Explanation I, the person or committee appointed under section 264B of the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964), for a notified area constituted under section 264A of that Act, shall be deemed to be a municipality and the notified area or an area deemed to be a notified area under section 16 of the Gujarat Industrial Development Act, 1962 (Gujarat XXIII of 1962), shall be deemed to be a municipal borough.]
