Supplemental Provisions

Repeal and savings

§106

Summary

(1) The Alwar State Town and Village Improvement Act, 1947, the City of Kota Improvement Act, 1946 and all other corresponding laws or rules, in force in any part of the State shall stand repealed in any area for which a Trust is constituted under this Act or for which a master plan is ordered to be prepared thereunder on and from the date on which such Trust is constituted or such order is made: Provided that such repeal shall not in anyway affect anything done or action taken under the Act, law or rule so repealed, previously to such coming into force. (2) As from the date of the establishment of an Improvement Trust under this Act for any area within the State, hereinafter referred to as such establishment- (a) the former Trust, if any, functioning in that area shall stand dissolved; (b) all lands and buildings (together with all interests of whatsoever nature and kind therein) situated in such area and vested or vesting in such former Trust immediately before such establishment shall pass on to and vest in the Trust so established; (c) all stores, articles and other movable properties belonging to such former Trust immediately before such establishment and utilised for or in connection with such area shall pass on to and vest in the Trust so established; (d) all appointments, notifications, orders, schemes, rules, forms, notices or bye-laws made or issued or any licence or permission granted by such former Trust immediately before such establishment in or in connection with such area shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made, issued or granted under the provisions of this Act unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions; (e) notwithstanding anything contained in this Act, the validity of any declaration, application, publication, notification, appointment, order, proposal, award, proceeding, consultation, inquiry, certification, sanction, agreement, notice, approval, decision, dispute, draft or final scheme or act made, held, issued, entered into, given, taken, decided, drawn up or done, or purporting to have been made, held, issued, entered into, given, taken, decided, drawn up or done, as the case may be, before such establishment in connection with such schemes shall not be liable to be called in question in any court or before any tribunal or authority; (f) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the former Trust immediately before such establishment for or in connection with such area shall be deemed to have been incurred, entered into and engaged to be done by, with or for the Trust so established; (g) all assessments, valuations, measurements or divisions made by the former Trust immediately before such establishment in or in connection with such area shall, in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any assessment, valuation, measurement or division made by the Trust so established under the said provisions; (h) all rates, taxes, fees, rents and other sums of money due to the former Trust in, or in relation to, such area immediately before such establishment shall be deemed to be due to the Trust so established; (i) all rates, fees, rents and other charges leviable in, or in relation to, such area, shall unless and until they are varied by the Trust so established, continue to be levied at the same rate at which they were being levied by the former Trust immediately before such establishment; (j) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against such former Trust immediately before such establishment for any matter in relation to such area may be continued or instituted by or against the Trust so established; and (k) every officer or other employee serving under such former Trust immediately before such establishment in connection with such area shall be required to give an option to become an officer or employee of the Trust so established, with such designation as the Chairman may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the Trust had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Trust so established: Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage.

(1) The Alwar State Town and Village Improvement Act, 1947, the City of Kota Improvement Act, 1946 and all other corresponding laws or rules, in force in any part of the State shall stand repealed in any area for which a Trust is constituted under this Act or for which a master plan is ordered to be prepared thereunder on and from the date on which such Trust is constituted or such order is made: Provided that such repeal shall not in anyway affect anything done or action taken under the Act, law or rule so repealed, previously to such coming into force. (2) As from the date of the establishment of an Improvement Trust under this Act for any area within the State, hereinafter referred to as such establishment- (a) the former Trust, if any, functioning in that area shall stand dissolved; (b) all lands and buildings (together with all interests of whatsoever nature and kind therein) situated in such area and vested or vesting in such former Trust immediately before such establishment shall pass on to and vest in the Trust so established; (c) all stores, articles and other movable properties belonging to such former Trust immediately before such establishment and utilised for or in connection with such area shall pass on to and vest in the Trust so established; (d) all appointments, notifications, orders, schemes, rules, forms, notices or bye-laws made or issued or any licence or permission granted by such former Trust immediately before such establishment in or in connection with such area shall in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made, issued or granted under the provisions of this Act unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions; (e) notwithstanding anything contained in this Act, the validity of any declaration, application, publication, notification, appointment, order, proposal, award, proceeding, consultation, inquiry, certification, sanction, agreement, notice, approval, decision, dispute, draft or final scheme or act made, held, issued, entered into, given, taken, decided, drawn up or done, or purporting to have been made, held, issued, entered into, given, taken, decided, drawn up or done, as the case may be, before such establishment in connection with such schemes shall not be liable to be called in question in any court or before any tribunal or authority; (f) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the former Trust immediately before such establishment for or in connection with such area shall be deemed to have been incurred, entered into and engaged to be done by, with or for the Trust so established; (g) all assessments, valuations, measurements or divisions made by the former Trust immediately before such establishment in or in connection with such area shall, in so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any assessment, valuation, measurement or division made by the Trust so established under the said provisions; (h) all rates, taxes, fees, rents and other sums of money due to the former Trust in, or in relation to, such area immediately before such establishment shall be deemed to be due to the Trust so established; (i) all rates, fees, rents and other charges leviable in, or in relation to, such area, shall unless and until they are varied by the Trust so established, continue to be levied at the same rate at which they were being levied by the former Trust immediately before such establishment; (j) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against such former Trust immediately before such establishment for any matter in relation to such area may be continued or instituted by or against the Trust so established; and (k) every officer or other employee serving under such former Trust immediately before such establishment in connection with such area shall be required to give an option to become an officer or employee of the Trust so established, with such designation as the Chairman may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the Trust had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Trust so established: Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage.

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