(1) Notwithstanding anything in this Act or in any other law, such of the municipal bodies by whatever name constituted under any of the enactments repealed by section 382 and functioning immediately before the commencement of this Act, as the Government may, by notification, direct to be panchayats, town municipal councils, or city municipal councils, shall, as from the date of commencement of this Act, become bodies competent to exercise the powers and perform the duties conferred by the¹[Karnataka] Village Panchayats and Local Boards Act, 1959, on village panchayats or by this Act on town municipal council or city municipal council, as the case may be until panchayats or town municipal councils or city municipal councils are duly constituted under the provisions of the¹[Karnataka] Village Panchayats and Local Boards Act, 1959, or under the provisions of this Act, as the case may be:

Provided that no municipal body shall be directed to be, -

(i) a panchayat unless the population of the area within the jurisdiction of such municipal body is less than ten thousand as determined at the last preceding census;

(ii) a town municipal council unless the population of the area within the jurisdiction of such municipal body is less than fifty thousand, as determined at the last preceding census;

(iii) a city municipal council unless the population of the area within the jurisdiction of such municipal body is more than fifty thousand as determined at the last preceding census.

Explanation.--In this section, 'Municipal body' includes a notified area committee, a Town Board, a Sanitary Board, or other similar body constituted under and law.

(2) Subject to the provisions of section 382 and any order made undersection 383, -

(a) the provisions of the¹[Karnataka] Village Panchayats and Local Boards Act, 1959, relating to the conversion of a municipal council to a panchayat shall be applicable as if the municipal body directed to be a panchayat under sub-section (1) had been converted to a panchayat under the said provisions; and

(b) the provisions of section 362 or section 361 of this Act, shall be applicable as if the municipal body directed to be a town municipal council or city municipal council, as the case may be, had been converted to a town municipal council or city municipal council, as the case may be, under the said section.

(3) Subject to any notification issued under sub-section (1), everymunicipal body referred to in the said sub-section which is, -

(i) a city municipal council, a borough²[municipal area] or a town committee, shall, as from the date of commencement of this Act, exercise the powers and perform the duties conferred by the provisions of this Act on a city municipal council, until a city municipal council is duly constituted for the area within the jurisdiction of such body under the provisions of this Act;

(ii) a body other than a body referred to in clause (i) shall, as from the date of commencement of this Act, exercise the powers and perform the duties conferred by the provisions of this Act on a town municipal council, until a town municipal council is duly constituted for the area within the jurisdiction of such body under the provisions of this Act.

(4) A panchayat, a town municipal council or a city municipal council shallbe duly constituted under the provisions of the¹[Karnataka] Village Panchayats and Local Boards Act, 1959, or the provisions of this Act, asthe case may be, before the expiry of such period from the date of commencement of this Act, as the State Government may by notification, specify in respect of each panchayat, town municipal council or city municipal council, and from the date of the first meeting of the said panchayat or municipal council, as the case may be, every body exercising the powers and performing the functions of a panchayat and every municipal body exercising the powers and performing the functions of a town municipal council or city municipal council as the case may be, under sub-sections(1) and (3), shall stand dissolved:

Provided that the period specified in respect of any panchayat, town municipal council or city municipal council under this sub-section shall not be less than the term for which the said body would be continued in accordance with the provisions of the enactment under which the said body was constituted or re-constituted:

Provided further that if in respect of any panchayat or town municipal council or city municipal council no period is specified, the term for which the said body would have continued in accordance with the provisions of the enactment under which the said body was constituted or reconstituted shall be deemed to be the period specified under this sub-section:

Provided also that the period specified or deemed to be specified under this sub-section shall not be deemed to affect the exercise by, --

(i) the State Government or other competent authority of the powers under section 315 or 316 or any other provision of this Act in respect of any such town municipal council or city municipal council; or

(ii) the Commissioner or other competent authority of the powers under section 203 or any other provisions of the¹[Karnataka] Village Panchayats and Local Boards Act, 1959, in respect of any such Panchayat.

(5) Subject to any order made under section 383 casual vacancies in theseats of members or councillors of every body exercising the powers and performing the functions of a panchayat or a town municipal council or city municipal council, as the case may be under sub-sections (1) and (3) shall be filled and all matters in connection with the filling of such vacancies shall be regulated in accordance with the provisions governing the filling of such vacancies and regulating such matters as were in force immediately before the date of commencement of this Act.

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1. Adapted by the Karnatak Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.

2. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.