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The Paurashava Ordinance, 1977 (Ordinance)

( Ordinance NO. XXVI OF 1977 )

Chapter V

TRANSITIONAL AND TEMPORARY PROVISIONS

Repeals and savings
158. (1) On the coming into force of this Ordinance, the Municipal Administration Ordinance, 1960 (X of 1960), the Bangladesh Local Councils and Municipal Committees (Dissolution and Administration) Order, 1972 (P.O. No. 7 of 1972), and the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973 (P.O. No. 22 of 1973), and the Dacca Municipal Corporation Act, 1974 (LVI of 1974), hereinafter referred to as the said laws, shall stand repealed.
 
 
 
 
(2) Upon the repeal of the said laws,-
 
 
 
 
(a) notwithstanding anything contained in this Ordinance, until the Paurashavas are constituted under this Ordinance,-
 
 
 
 
(i) the Paurashavas functioning immediately before such repeal shall discharge the functions of, and be deemed to be, the Paurashavas constituted under this Ordinance;
 
 
 
 
(ii) the person holding office as Administrator of any Paurashava before such repeal shall continue to hold such office;
 
 
 
 
(b) all rules, regulations, by-laws or orders made, notifications or notices issued, or licences or permissions granted under the said laws, and in force immediately before such repeal, shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been respectively made, issued or granted under the provisions of this Ordinance until they are repealed or amended under the said provisions;
 
 
(c) all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of, such property of the Paurashavas, subsisting immediately before such repeal shall stand transferred to and vest in the successor Paurashavas;
 
 
 
 
(d) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Paurashavas before such repeal shall be deemed to have been incurred, entered into or engaged to be done by, with or for the successor Paurashavas;
 
 
 
 
(e) all budget estimates, assessments, valuation, scheme or plans made by the Paurashavas before such repeal shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been made under the provisions of this Ordinance, by the successor Paurashavas until they are amended or superseded under the said provisions;
 
 
 
 
(f) all taxes, rates, tolls, fees and sums of money due to the Paurashavas before such repeal shall be deemed to be due to the successor Paurashavas under this Ordinance;
 
 
 
 
(g) all taxes, rates, tolls, fees and other charges levied by the Paurashavas before such repeal shall, until they are varied by the successor Paurashavas, continue to be levied at the same rate at which they were levied by them immediately before such repeal;
 
 
 
 
(h) all officers and employees of the Paurashavas shall stand transferred to and become officers or employees of the successor Paurashavas and shall hold office or service in the Paurashavas on the same terms and conditions as were enjoyed by them immediately before such repeal and shall continue to do so until such terms and conditions are duly altered;
 
 
 
 
(i) all suits, prosecutions and other legal proceedings instituted by or against the Paurashavas before such repeal shall be deemed to be suits, prosecutions and proceedings by or against the successor Paurashavas and shall be proceeded or otherwise dealt with accordingly.
 
 
(3) For the purpose of sub-section (2), a Paurashava shall be deemed to be the successor of the Paurashava of the Municipalities for which the Paurashava is, or is deemed to be, constituted.

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