Bare ActsThe Gujarat Housing Board Act, 1961

Section 1961

Repeal and consequential provisions

Amendment status not verified — confirm the current text below against the official source.

Repeal and consequential provisions. The Gujarat Housing Board Act, 1961 25 of 27 (2) On the appointed day the Gujarat Housing Board constituted under the Bombay Housing Board (Dissolution and Reconstitution) Order, 1960 and the Saurashtra Housing Board constituted under the Saurashtra Housing Board Act, 1954 (both referred to in this section as "dissolved Boards") shall stand dissolved and all members of the dissolved boards shall vacate their office and on such dissolution the following consequences shall ensue, that is to say,— (i) all rights of the dissolved Boards shall vest in the Board established under section 3 of this Act (hereinafter referred to as "the new Board") ; (ii) all property movable or immovable which immediately before the appointed day vested in the dissolved Boards shall, subject to the limitations and conditions, if any, attached thereto, vest in the new Board; (iii) all sums due to the dissolved Boards on any account shall be sums due to the new Board and shall be realizable by the new Board in accordance with the law for the time being in force ; (iv) all debts, liabilities and obligations incurred, including any loans borrowed and debentures issued, by or on behalf of the dissolved Boards and subsisting immediately before the appointed day shall be deemed to have been incurred, borrowed and issued by the new Board in exercise of the powers and functions conferred on it by this Act and shall be subject to the provisions of this Act and any guarantee for repayment of principal or payment of interest given before the appointed day by the State Government in respect of such loans and debentures shall be deemed to be a guarantee given under the relevant provisions of this Act and shall have effect accordingly ; (v) all contracts made and all matters and things undertaken by the dissolved Boards shall be deemed to have been made or undertaken by the new Board under this Act ; (vi) all prosecutions instituted by or on behalf of any of the dissolved Boards and all suits and other legal proceedings instituted by or against any such Board and pending immediately before the appointed day shall be continued and disposed of as if they had been instituted by, on behalf of or against the new Board under this Act or any other law for the time being in force; (vii) all proceedings under the repealed Acts pending immediately before the appointed day before an authority or officer appointed under the repealed Acts shall stand transferred to the corresponding authority or officer competent to entertain such proceedings under this Act and shall be disposed of by such authority or officer under this Act ; (viii) all proceedings under the relevant land acquisition law pending immediately before the appointed day for the acquisition of land for the purposes of any of the dissolved Boards shall be deemed to be proceedings for acquisition of such land for the purposes of the new Board and shall be completed accordingly ; (ix) all officers and servants in the employ of the dissolved Boards shall stand allotted for service to the new Board and shall, until provision is otherwise made under the provisions of this Act, be subject to the conditions of service to which they were subject before the appointed day : Provided that the conditions of service of any such officer or servant as applicable immediately before the appointed day shall not be varied to his disadvantage by the new Board except with the previous approval of the State Government. (3) Anything done or action taken and any right, liability or obligation acquired, accrued or incurred under the repealed Acts and not covered by sub-section (2) The Gujarat Housing Board Act, 1961 26 of 27 shall respectively be deemed to have been done, taken, acquired, accrued or incurred under the corresponding provisions of this Act and the provisions of this Act shall apply thereto accordingly. (4) The rules, regulations and bye-laws made under the Bombay Housing Board Act, 1948 and in force immediately before the appointed day shall in so far as they are not inconsistent with the provisions of this Act, be deemed to be made under this Act in relation to the whole of the State and shall continue in force accordingly until they are superseded by anything done or action taken under this Act. 82[87. (1) Nothing in this Act shall affect the powers of the Board to complete, after the commencement of the Gujarat Rural Housing Board Act, 1972, the execution of any housing scheme or part thereof in any area outside the urban area, which may have been partly executed by it before such commencement in such area. (2) Notwithstanding anything contained in sub-section (1) of section 8 but subject to other provisions of this Act a member holding office immediately before the commencement of the Gujarat Housing Board (Amendment) Act, 1972, shall continue to hold office for a period of three years from the date of his appointment.] ------------------------ 1 For the Statement of Objects and Reasons see Gujarat Government Gazette, 1961, Part V, P. 262.  This Act was assented to by the President on the 22nd June, 1961. 2 The long title was substituted for the original by Guj. 29 of 1964, 2. 3 Clause (1A) was inserted by Guj. 13 of 1973, Sch., item, (1)(a). 4 Clause (5A) was inserted, by Guj. 13 of 1973., Sch, item, (1)(b). 5 This clause was inserted by Guj. 1 of 1973, s. 2(1). 6 This sub clause was substituted, by Guj. 1 of 1973., s. 2(2). 7 These words were inserted by Guj. 13 of 1973, Sch., item (1)(c). 8 Clause (17) was deleted by Guj. 1 of 1973, s. 2(3). 9 These clauses were substituted, by Guj. 1 of 1973., s. 2(4). 10 This clause was inserted by Guj. 1 of 1973 s. 2(5). 11 Clause (22A) was substituted, by Guj. 13 of 1979, s. 2. 12 The word "relevant" was deleted by Guj. 1 of 1973,s. 3 13 The word "relevant" was deleted, by Guj. 1 of 1973, S. 4. 14 This word was substituted for the word "six" by Guj. 1 of 1973, s. 5(1). 15 This proviso was inserted, by Guj. 1 of 1973, s. 5(2). 16 Sub-section (1-A) was inserted by Guj. 8 of 1985, s. 2. 17 This Sub-Section (1) was substituted by Guj. 1 of 1999. s. 3. Sch., Sr. No. 4. 18 This section was inserted by Guj. 1 of 1973, s. 7. 19 Section 9 was renumbered as sub-section (1) thereof and clause (b) was substituted, by Guj. 1 of 1973, s. 8(1). 20 This sub-section was added, by Guj. 1 of 1973, s. 8(2). 21 This section was substituted, by Guj. 1 of 1973, s. 9. 22 This proviso was substituted, by Guj. 1 of 1973, s. 10. 23 This sub-section was added by Guj. 1 of 1973, s. 11. 24 These words and figures were substituted for the words "by or on behalf of the Board" by Guj. 1 of 1973, s. 12(i). 25 These words were substituted for the words "by or on behalf of the Board" by Guj. 1 of 1973, s.12(ii). 26 This sub-section was added, by Guj. 1 of 1973, s. 13. 27 This clause was inserted by Guj. 1 of 1973, s. 14(1). 28 These words were substituted for the words "once atleast every fortnight”, by Guj. 1 of 1973, s, 14(2). 29 This proviso was substituted, by Guj. 1 of 1973, s. 15. 30 These words were substituted for the words "in such local area by Guj. 1 of 1973, s. 16. 31 This section was inserted, by Guj. 1 of 1973, s. 17. 32 Clause (gg) was inserted by Guj. 13 of 1973, Sch., item (2). 33 These words were substituted for the words "of streets and back lanes" by Guj. 1 of 1973, s. 18(1)(a). 34 These words were substituted for the words "parks, playing fields" by Guj. 1 of 1973, s. 18(1)(b). 35 These words were substituted for the words "to provide housing accommodation" by Guj. 1 of 1973, s. 18(1)(c). 36 This sub-section was added, by Guj. 1 of 1973, s. 18(2). 37 These words were added, by Guj. 1 of 1973, s. 19. Guj. 22 of 1972. Savings. Guj. 1 of 1973. The Gujarat Housing Board Act, 1961 27 of 27 38 Clause (iii) was deleted by Guj. 1 of 1973, s. 20. 39 Section 29 was substituted, by Guj. 1 of 1973, s. 22. 40 These word and figures were substituted for the words and figures "sections 28, 29 and” by Guj. 1 of 1973, s. 24. 41 This proviso was substituted, by Guj. 1 of 1973, s. 25. 42 The words "and published, were deleted, by Guj. 1 of 1973, s.26 (1) 43 These words and figures were substituted for the words and figures "under sections 29 and 30” by Guj. 1 of 1973, s. 26(2). 44 The words "or a local board" were deleted by Guj. 1 of 1973, s. 28(1)(a). 45 The words "or the local board ' were deleted by Guj. 1 of 1973, s. 28 (1)(b). 46 The words "or local board" were deleted, by Guj. 1 of 1973, s, 28 (2). 47 The words "or local board were deleted by Guj. 1 of 1973, s. 29(1). 48 The words "or the local board, as the case may be" were deleted, by Guj. 1 of 1973, s. 29 (2). 49 The words "or the local board, as the case may be" were deleted by Guj. 1 of 1973, s. 30 (1). 50 The words "or local board, as the case may be" were deleted, by Guj. 1 of 1973, s. 30 (2). 51 The words "or local board" were deleted by Guj. 1 of 1973, s. 30 (3). 52 The words "entrusted by it to the Board" were deleted by Guj. 1 of 1973, s. 32. 53 The word "relevant' was deleted by Guj. 1 of 1973, s. 33. 54 These words were substituted for the words "Subject to any rules made by the State Government under this Act, the Board" by Guj. 13 of 1973, Sch., item (3) (a). 55 These words were inserted, by Guj. 13 of 1973, Sch., item (3)(b). 56 Section 51 was substituted by Guj. 1 of 1973, s. 35. 57 Clause (c) was deleted by Guj. 1 of 1973, s. 36. 58 The words and figures "not being money for the recovery of which provisions has been made in section 48" were deleted, by Guj. 1 of 1973, s. 38. 59 Section 55 was renumbered as sub-section (1) of that section and sub-section (2) was added, by Guj. 1 of 1973, s. 39. 60 These words were substituted for the words "two months" by Guj. 1 of 1973, s. 40. 61 Item (ii-a) was inserted by Guj. 13 of 1973, Sch., item (4). 62 Section 60 was renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, sub-section (2) was inserted by Guj. 1 of 1973, s. 41. 63 Section 62A was inserted by Guj. 1 of 1973, s. 42. 64 These words were substituted for the words "twenty five thousand rupees" by Guj. 1 of 1973, s. 43(1). 65 These words were substituted for the words "one lac of rupees" by Guj. 1 of 1973, s. 43(2). 66 The words "in the prescribed manner' were deleted by Guj. 1 of 1973, s. 44(1). 67 Sub-section (5) was added, by Guj. 1 of 1973, s. 44(2). 68 The words "and the State Government shall cause such report to be published in the Official Gazette" were deleted by Guj. 1 of 1973, s. 45(1). 69 These words were substituted for the words "after it is published", by Guj. 1 of 1973, s. 45 (2). 70 Clause (d) was substituted for the original clause, by Guj. 1 of 1973, s. 46(1). 71 The words "unless with the consent of the occupier thereof and" were deleted by Guj. 1 of 1973, s. 46(2). 72 Section 72A shall be and shall be deemed always to have been inserted by Guj. 29 of 1964, s. 3. 73 These words and figures were inserted by Guj. 1 of 1973, s. 47(1). 74 These words were inserted, by Guj. 1 of 1973, s. 47 (2). 75 These words were inserted, by Guj. 1 of 1973, s. 47 (3). 76 These words were inserted, by Guj. 1 of 1973, s. 47 (4). 77 Clause (65) was inserted by Guj. 1 of 1973, s. 48(1). 78 These words were substituted for the words "annual housing programme, budget and schedule of staff of officers and servants", by Guj. 1 of 1973, s. 48 (2). 79 Clauses (e), (f) and (g) were deleted, by Guj. 1 of 1973, s. 48 (3). 80 These words were substituted for the words "which is", by Guj. 1 of 1973, s. 48(4). 82 Section 87 was added by Guj. 1 of 1973, s. 49.

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