Repeal of Act XVII of 1879 and Bom. XXVIII of 1939.

§56

Summary

(1) 1[Notwithstanding the repeal repeal of the Dekkhan Agriculturists' Relief Act, 1879 (XVII of 1879), by the Bombay Agricultural Debtors Relief Act, 1939 (Bom. XXVIII of 1939), the first mentioned Act shall, in so far as it applies to transactions and proceedings to which this Act does not apply, be deemed to have been re-enacted with effect from the date of the coming of into operation of this Act (hereinafter in this section referred to as the said date) and shall continue in force for a period of three years from the said date: Provided that any proceeding in or out of any suit instituted before the expiry of the said three years shall be continued and disposed of after the expiry of the said period, as if the Dekkhan Agriculturists, Relief Act, 1879 (XVII of 1879), had continued in force after the expiry of the said period:] 2[Provided also that] nothing in this sub-section shall be deemed to affect, in regard to persons who are debtors and in respect of whose debts an application under section 4 of this Act can be made, anything done in the course of any proceeding pending in any Court on the said date and any such proceeding may be continued, in so far as the continuance is not inconsistent with the provisions of this Act: Provided further that nothing in this sub-section shall in any way affect the transfer under section 19 of this Act of any suit or proceeding to which such debtor was a party. (2) The Bombay Agricultural Debtors Relief Act, 1939 (Bom. XXVIII of 1939), is repealed. All Boards established under section 4 of the repealed Act shall be dissolved: 3[Provided that- (a) all proceedings pending before any such Board at the date when this Act comes into force shall be continued and disposed of by the Court under this Act as if an application under section 4 had been made to the Court in respect therefor; (b) all awards made, confirmed or modified under the repealed Act shall be deemed to have been made, confirmed or modified under this Act as if this Act was in force at the date when the said awards were made, confirmed or modified, as the case may be; (c) all appeals pending before any Court under the repealed Act against the decision, order or award of such Board shall be continued and disposed of as if the said appeals were filed under the provisions of this Act; and (d) all appeals which could have been filed under the repealed Act against any decision, order or award of such Board but which could not be filed only by reason of the fact that the said Act was repealed by this Act shall when filed before a competent court be deemed to have been filed under the provisions of this Act and shall be disposed of accordingly.]

(1) 1[Notwithstanding the repeal repeal of the Dekkhan Agriculturists' Relief Act, 1879 (XVII of 1879), by the Bombay Agricultural Debtors Relief Act, 1939 (Bom. XXVIII of 1939), the first mentioned Act shall, in so far as it applies to transactions and proceedings to which this Act does not apply, be deemed to have been re-enacted with effect from the date of the coming of into operation of this Act (hereinafter in this section referred to as the said date) and shall continue in force for a period of three years from the said date: Provided that any proceeding in or out of any suit instituted before the expiry of the said three years shall be continued and disposed of after the expiry of the said period, as if the Dekkhan Agriculturists, Relief Act, 1879 (XVII of 1879), had continued in force after the expiry of the said period:] 2[Provided also that] nothing in this sub-section shall be deemed to affect, in regard to persons who are debtors and in respect of whose debts an application under section 4 of this Act can be made, anything done in the course of any proceeding pending in any Court on the said date and any such proceeding may be continued, in so far as the continuance is not inconsistent with the provisions of this Act: Provided further that nothing in this sub-section shall in any way affect the transfer under section 19 of this Act of any suit or proceeding to which such debtor was a party. (2) The Bombay Agricultural Debtors Relief Act, 1939 (Bom. XXVIII of 1939), is repealed. All Boards established under section 4 of the repealed Act shall be dissolved: 3[Provided that- (a) all proceedings pending before any such Board at the date when this Act comes into force shall be continued and disposed of by the Court under this Act as if an application under section 4 had been made to the Court in respect therefor; (b) all awards made, confirmed or modified under the repealed Act shall be deemed to have been made, confirmed or modified under this Act as if this Act was in force at the date when the said awards were made, confirmed or modified, as the case may be; (c) all appeals pending before any Court under the repealed Act against the decision, order or award of such Board shall be continued and disposed of as if the said appeals were filed under the provisions of this Act; and (d) all appeals which could have been filed under the repealed Act against any decision, order or award of such Board but which could not be filed only by reason of the fact that the said Act was repealed by this Act shall when filed before a competent court be deemed to have been filed under the provisions of this Act and shall be disposed of accordingly.]

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