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State of Assam - Section

Section 131 in Assam Panchayat Act, 1994

131. Repeal of previous Act.

(1)on and from the date on which this Act comes into force, the Assam Panchayati Raj Act 1986shall be deemed to be repealed:Provided that
(a)till such time when new Rules are framed before the expiry of one year from the coming into force of 73rdAmendment of the Constitution Act the rules framed under 1986 Act, shall remain valid;
(b)the said repeal shall not effect the validity or invalidity of anything already done under the said enactment;
(c)all rules and bye-laws, notification, orders appointments made, permissions and sanctions granted, taxes, cess, fees, or rates levied, contract entered into, suits instituted and proceedings taken under the Assam Panchayat Raj Act, 1986 and in force immediately before the commencement of this Act shall continue to be in force and so far as they are not inconsistent with this Act, shall be deemed to have been retrospectively made, granted, levied, entered into, instituted and taken under this Act until new provisions are made under this Act;
(d)all assets and liabilities including the funds which are vested in erstwhile Gaon Panchayats, Anchalik Panchayats and Mahkuma Parishads under the provisions of the Assam Panchayati Raj Act, 1986, shall vest in the Dy, Commissioner or the Sub-divisional Officer as the case may be and shall be held by him in trust until it can be made over to the Gaon Panchayats, Anchalik Panchayats and Zilla Parishads constituted under this Act under the jurisdiction of which the area of the erstwhile Gaon Panchayat, Anchalik Panchayat and the Mahakuma Parishad is included;
(e)notwithstanding the repeal of the Assam Panchayati Raj Act, 1986, any area of taxes, cess, fees and rates which were levied by the Gaon Panchayats, Anchalik Panchayats or the Mahakuma Parishads, under provisions of the Assam Panchayati Raj Act, 1986, or any amount of money on account of fine or otherwise which was due to the Gaon Panchayat, Anchalik Panchayat or Mahakuma Parishad under the Assam Panchayati Raj Act, 1986, shall be recovered by the Gaon Panchayat, Anchalik Panchayat and the Zilla Parishad as the case may be and credited into the respective Panchayat Fund;
(f)any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act; or
(g)any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liabilities, forfeiture, or punishment aforesaid and any such investigation legal proceeding or remedy may be instituted, continued or enforced, and any such penalty forfeiture, or punishment may be imposed as if this Act had not been passed.
(2)When a Gaon Panchayat or Anchalik Panchayat or Zilla Parishad is dissolved, all the members of the Gaon Panchayat or Anchalik Panchayat or Zilla Parishad shall from the date of dissolution, vacate their offices as such members;
(3)The persons vacating office on dissolution shall be eligible for re-election or re-nomination.