327. Delegation of powers by the State Government -

The [State Government] may, by notification, delegate to the [Prescribed Authority] in respect of any specified municipality or municipalities [within his or its jurisdiction] any one or more of the powers vested in it by this Act, with the exception of the powers detailed in Schedule VII.

328. Facility for inspection of minute books and assessment lists. -

The minute books and assessment lists of the [Municipality] shall be open to inspection free of charge by any tax-payer or elector under conditions to be prescribed by bye-law in this behalf.

329. Provision for publicity of Rules, Regulations and bye-laws. -

Books containing every rule, regulation and bye-law shall be kept in the municipal office and shall be open, during the ordinary hours of business, to inspection free of charge by any person and shall be for sale to the public at such office at reasonable price to be specified by bye-law in this behalf.

330. Mode of proof of municipal records. -

A copy of any receipt, application, plan, notice, order, entry in a register or other document in die possession of a [Municipality], shall, if duly certified by the legal keeper thereof or other person authorised by bye-law in this behalf, be received as prima facie evidence of the existence of the entry or documents and shall be admitted as evidence of the matters and transaction therein recorded in every case, where, and to the same extent as, the original entry or document would if produced, have been admissible to prove such matters.

331. Restriction on the summoning of municipal servants to produce documents. -

No municipal officer or servant shall in any legal proceeding to which a [Municipality] is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the Court made for special cause.

332. Inspection of municipal works and registers by members. -

With the previous sanction of the [President] any member of a [Municipality] may inspect any work or institution, constructed or maintained, in whole or part, at the expense of the [Municipality], and any register, book, accounts or other document belonging to, or in the possession of, the [Municipality],

1[“332A. Public disclosure of information. -

(1) The Municipal Council shall maintain and publish its records to disclose the required information at quarterly intervals as mentioned below :

(a) proceedings or substance of proceedings of the Municipal Council or its Committees,

(b) a directory of its officers and employees,

(c) the particulars of officers, who grant concessions, permits, licenses or provide civic amenities in various departments of the Municipal Council.

(d) audited financial statements of balance sheet, receipts and expenditures, annual budget, etc.,

(e) the service levels provided for each of the services being provided by the Municipal Council.

(f) particulars of all plaits, proposed expenditure, actual expenditure on major services provided or activities performed and reports on disbursements made,

(g) details of subsidy programmes on major services provided or activities performed by the Municipal Council, and manner and criteria of identification of beneficiaries of such programmes,

(h) details of programmes undertaken by the Municipal Council,

(i) particulars of City Development Plans and Detailed Project Reports relating to the development of the Municipal Council,

(j) the particulars of major works, values of works, time of completion and details of contract,

(k) the details of Municipal Council Funds -

(i) income generated and realized in the previous year under tax and non-tax heads;

(ii) taxes, duties, cess and surcharge, rent, fee from property permit and licence and user charges;

(iii) amounts against

(ii) above, that remain uncollected;

(iv) grants, loans or devolution of funds from State Government for various purposes and the position of utilization.

(l) such other information as may be prescribed by the State Government.

(2) Manner of disclosure shall include:

(a) Newspapers,

(b) Internet,

(c) Notice Boards of Municipal Council,

(d) issue of a Bulletin,

(e) notification in Gazette,

(f) any other mode as may be prescribed by the State Government.”] 1 Ins by sec 6 of U.P.Act no 29 of 2009

333. Exercise by District Magistrate of [Municipality's] power pending establishment of [Municipality]. -

When a new municipality is created under this Act, the District Magistrate, or other officer, or committee, or authority appointed by him in this behalf, may until a [Municipality] is established, exercise the powers and perform the duties and functions of the [Municipality], and, he or it shall, for the purposes, aforesaid be deemed to be the [Municipality] :

Provided always that the District Magistrate or such other officer, or committee, or authority shall, as early as possible, make preliminary arrangements for the holding of first elections and generally of expediting the assumption by the [Municipality] of its duties when constituted. [* * *]

[333A. Consequences of declaration of a smaller urban area in place of a transitional area. -

Where a smaller urban area is declared in place of a transitional area, the following consequences shall follow as from the date of the declaration of the smaller urban area, -

(i) all taxes, fees, licences, fines or penalty imposed, prescribed, or levied on the date immediately preceding the said date, by the Nagar Panchayat be deemed to have been imposed, prescribed or levied by the Municipal Council under or in accordance with the provisions of this Act and shall until modified or changed continue to be so realisable;

(ii) any expenditure incurred by the Nagar Panchayat, on or before the date immediately preceding the said date, from its fund, shall continue to be so incurred by the Municipal Council as if it was an expenditure authorised by or under this Act;

(iii) all properties, including rights or benefits subsisting under any deed, contract, bond, security or chooses-in-action, vested in the Nagar Panchayat, on the date immediately preceding the said date, shall be transferred to and vested in and ensure for the benefit of the Municipal Council;

(iv) all liabilities, whether arising out of contract or otherwise which have accrued against the Nagar Panchayat and are outstanding on the date immediately preceding the said date shall thereafter be the liabilities of the Municipal Council;

(v) the municipal fund of the Nagar Panchayat and all the proceeds of the unexpanded taxes, tolls, fees or fines levied or realised by it, shall be transferred to and from part of the municipal fund of the Municipal Council;

(vi) all legal proceedings commenced by or against the Nagar-Panchayat and pending on the date immediately preceding the said date, shall be continued by or against the Municipal Council;

(vii) any officer or servant who, on the date immediately preceding the said date, was employed by the Nagar Panchayat, in full time employment shall be transferred to and become an officer or servant of the Municipal Council as if he has been appointed by it under the provisions of this Act; and

(viii) anything done or any action taken, including any appointment or delegation made, notification, order or direction issued, rule, regulation, form, bye-law or scheme framed, permit or licences granted or registration effected by the Nagar Panchayat, shall be deemed to have been done or taken by the Municipal Council and shall continue in force accordingly until superseded by anything done or any action taken by it.]

[333B. Consequences of constitution of a municipality by excluding an area from existing municipal area. -

Where a municipality is constituted for a municipal area which has been excluded from an existing municipal area hereinafter in this section referred to as undivided municipal area) the following consequences shall follow as from the date of constitution (hereinafter in this section referred to as the said date) of the municipality, -

(a) all taxes, fees, licences, fines or penalties imposed, prescribed or levied, on the date immediately preceding the said date, by the municipality of the undivided municipal area be deemed to have been imposed/prescribed or levied by the newly constituted municipality under the provisions of this Act;

(b) any expenditure in respect of the area included in the municipal area of the newly constituted municipality incurred by the municipality of the undivided municipal area on or before this date immediately preceding this said date from its funds, shall continue to be so incurred by the newly constituted municipality as if it was expenditure authorised by or under this Act;

(c) all property within the municipal area of the newly constituted municipality, including the rights or benefits subsisting under any deed, contract, bond, security or chooses-in-action vested in the municipality of the undivided municipal area on the date immediately preceding the said date, shall be transferred to and vested in and enure for the benefit of the newly constituted municipality;

(d) all liabilities in respect of the municipal area of the newly constituted municipality, whether arising out of contract or otherwise which have accrued against the municipality of the undivided municipal area and are outstanding on the date immediately preceding the said date shall thereafter be the liabilities of the newly constituted municipality;

(e) such part of the fund of the municipality of undivided municipal area and the proceeds of any unexpended taxes, tolls, fees or fines levied or realised by the said municipality, as may be decided by the State Government, shall be transferred to and form part of the municipal fund of the newly constituted municipality;

(f) such of the servants of the municipality of the undivided municipal area as are transferred to the newly constituted municipality shall become servants of the newly constituted municipality as if they had been appointed by the newly constituted municipality under and subject to the provisions of this Act.

(g) anything done or any action taken, including any appointment or delegation made, notification, order or direction issued, rule, regulation, form, bye-law or scheme framed, permit or licence granted or registration affected under the provisions of this Act in relation to or in respect of the municipal area of the newly constituted municipality shall be deemed to have been done or taken by the newly constituted municipality.]

334. Repeals and Savings. -

(1) The enactments specified in Schedule IX are repealed.

(2) Provided that this repeal shall not affect, -

(a) the validity of any appointment, or any grant or appropriation of money or property, or any tax or impost, made or imposed under any enactment hereby repealed; or

(b) the terms of remuneration, or right to pension, of any officer appointed before the commencement of this Act.

335. Saving as to Indian Railways Act, 1890. -

Nothing in this Act shall affect any provisions of the [Indian Railways Act, 1890 (Act No. IX of 1890), or any rule made under that Act.]

336. Validation of acts done before commencement of Act. -

All acts done before the commencement of this Act which could have been lawfully done if this Act had been in force shall be deemed to have been lawfully done.

336A. [* * *]

337-339 1[* * *]

[340. Power to remove difficulties. -

(1) If any difficulty arises in giving effect to the provisions of this Act or, by reasons of anything contained in this Act, to any other enactment for the time being in force, the State Government may, as occasion requires, by a notified order make such provisions not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty.

(2) No order under sub-section (1) shall be made after the expiration of the period of two years from commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994.

(3) The provisions made by any order under sub-section (1), shall have effect as if enacted in this Act and any such order may be made so as to be retrospective to any date not earlier than the date of the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994.

(4) Every order made under sub-section (1) shall be laid as soon as may be, before both the Houses of the State Legislature and the provisions of sub-section (1) of Section 23-A of the Uttar Pradesh General Clauses Act, 1904, shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act.]

2[341. Construction of references. -

On and from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, any reference to the municipal board or the Town Area Committee constituted under the United Provinces Town Areas Act, 1914] [or the Notified Area Committee constituted under Section 338] in any rules, regulations, bye-laws, statutory instruments, or in any other law for time being in force, or in any document or proceedings, shall be construed as reference [to the Municipal Council for the Municipal Board or to the Nagar Panchayat for the Town Area Committee or the Notified Area Committee].

2[342. Provision until the constitution of municipalities. -]

[(1) Notwithstanding anything in this Act, all the powers, functions and duties of every Municipal Board, its President and Committees, Notified Area Committee and its Chairman, or Town Area Committee and its 1 ommited by up act no 12 of 1994 2 ins by up act no 12 of 1994 Chairman, as they stood immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 shall on such commencement vest in and be exercised, performed and discharged by the District Magistrate who shall in respect of Municipal Board, its President and Committees, be deemed to be Municipal Council, its President and Committees and in respect of Notified Area Committee and its Chairman or Town Area Committee and its Chairman be deemed to be Nagar Panchayat and its Chairman].

(2) The District Magistrate may delegate all or any of the powers, functions and duties to any other person or authority.

(3) The District Magistrate in whom the powers, functions and duties of a Municipal Board and its President, or a Notified Area Committee and its Chairman or a Town Area Committee and its Chairman are vested under the Uttar Pradesh Municipalities, Notified Areas and Town Areas (Alpakalik Vyavastha) Adhiniyam, 1994, including the person or authority to whom the District Magistrate has delegated his powers, shall be deemed to be vested with such powers, functions and duties under the provisions of this section.

1[(4) Notwithstanding anything in this section, the election to constitute the Municipal Councils and the Nagar Panchayats shall be held within a period of one and a half years from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 in accordance with the provisions of this Act as amended by the said Act and on the constitution of the Municipal Council or the Nagar Panchayat, as the case may be, the provisions of sub-sections (1), (2) and (3) shall cease to have effect.]