Bare ActsThe Madhya Pradesh Municipalities Act, 1961

Section 2

Repeal and Saving

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

Repeal and Saving.- (1) The Central Provinces and Berar Municipalities Act, 1922 (II of 1922), the Madhya Bharat Municipalities Act, 1954 (I of 1954), the Vidhya Pradesh Municipalities Act, 1946, and the Bhopal State Municipalities Act, 1955 (III of 1956), are hereby repealed. (2) Notwithstanding such repeal - (i) all Municipal Committees, Municipal Councils, Municipal Boards and Notified Area Committees constituted, Committees or Sub-Committees constituted, or appointed, limits defined, appointments, rules, orders, and bye-laws made, notifications and notices issued, taxes imposed or assessed, fees fixed, contracts entered into, suits instituted and proceedings undertaken or any other things done or action taken under the said Acts or any enactment thereby repealed shall, in so far as they are not inconsistent with the provisions of this Act, be deemed made, issued, imposed or assessed, fixed, centered into, instituted, undertaken, done or taken under this Act; (ii) the Committees, Councils, Boards and Sub-Committees referred to in sub-clause (i) and the Presidents, Vice-Presidents, Presiding Officer by whatever designation known, members and Councillors thereof shall continue to function until the expiry of their respective terms under the repealed Act and Vacancy, Including a causal vacancy, in the office of the President, Vice- President, other Presiding Officer, member or Councillors, or as the case may be, in any of the said bodies, occurring before the expiry of the term of the body concerned, may be filled in the manner provided in such repealed Act and the rules made there under : Provided that --- (a) the State Government may, by a general or special order, determine the term earlier; (b) the term of the Municipal Committees, Municipal Councils and the Municipal Boards shall, notwithstanding the expiration of their terms, be deemed to extend to and expire with, the day immediately preceding the date expire appointment under sub-section (2) of Section 55 for the first meeting of the Councils constituted under the Act for the first time in their respective places; (c) the term of the Notified Area Committees shall, notwithstanding the expiry of their terms, be deemed to extend to, and expire with, the date immediately preceding to the date on which they are reconstituted under clause (d) of sub-section (1) of Section 341; (d) the President, Vice-President or other Presiding Officer, by whatever designation known, of a body referred to in clause (b) and (c) shall, notwithstanding the expiry of his term, continue to carry on the duties of his office until such time as a new President, Vice- President or Presiding Officer, as the case may be, shall have been elected or appointed, and taken over charge of his duties; (e) subject to the provision of clause (a) and (d) above, the term of Councillors or members shall not extend beyond the term of the Committee, Council or the Board, as the case may be, as specified in clause (b) or clause (c); The Madhya Pradesh Municipalities Act, 1961 2 (iii) any action initiated for recovery of taxes under the said Acts or any enactment thereby repealed shall be continued in accordance with the provision thereof; (iv) (a) all employees belonging to or under control of the bodies mentioned in clause (i) immediately before the commencement of this Act shall be deemed to be the employees of the Councils under this Act; (b) the conditions of service including the salary, allowances, gratuity, annuity, pensions and other payments required to be made in accordance with the conditions of service existing in respect of the employees of the said bodies immediately before the commencement of this Act shall be deemed to be their conditions of service including the salary, allowances, gratuity, annuity, pensions and other payments required to be made in accordance with the conditions of service under this Act until altered in accordance with the provisions of this Act or the rules made there under. Explanation I. --- For removal or doubt, it is hereby declared that any rules or bye-laws made or anything done under the enactments hereby declared that any rules or bye-laws made or anything done under the enactments hereby repealed shall not be deemed to be inconsistent with the provisions of this Act merely on the ground that the procedure followed in making such rules or bye-laws or doing such thing was different from the prescribed under this Act. Explanation II. -- Where any authority specified by or under the repealed Acts ceases to exist after the commencement of this Act, the powers exercisable by such authority under the repealed Acts shall, for the purpose of this Act, be exercisable by such authority as the State Government may, by notification, specify in this behalf and the cases pending before the first mentioned authorities shall, on such notification, stand transferred to the authorities mentioned in such notification and be disposed of in accordance with the provisions of the repealed Acts.

Section 2 – The Madhya Pradesh Municipalities Act, 1961 | DailyLaw.ai