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State of Goa - Section

Section 245 in The Goa Panchayat Raj Act, 1994

245. Repeal and savings.

- The Goa, Daman and Diu Village Panchayats Regulation, 1962 (9 of 1962) and the Goa Panchayat Raj Ordinance, 1994 (Ordinance No. 2 of 1994) is hereby repealed:Provided that such repeal shall not affect -
(a)the previous operation of the Goa, Daman and Diu Village Panchayats Regulation, 1962 (9 of 1962) or the said Ordinance or anything duly done or suffered thereunder; or
(b)any right, privilege, obligation or liability acquired, accrued or incurred under the said Regulation; or
(c)any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Regulation; or
(d)any investigation, legal proceedings or remedy in respect of such right, privilege, obligations, liability, forfeiture or punishment as 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:
Provided further that -
(a)subject to the preceding provisions, anything done or any action taken (including any appointment or delegation made, tax, fee or cess imposed, notification, order, instrument or direction issued, rules, regulation, forms, bye-laws or schemes framed, certificates obtained, permits, or licences granted or registration effected) under the said Regulation or the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act;
(b)every officer and servant of a Panchayat other than such class of servants as the Government may specify by order, shall until other provisions are made, receive the salary and allowances and be subject to the conditions of service to which they were entitled immediately before the commencement of this section;
(c)it shall be competent to the Panchayat subject to the previous sanction of the Government, to discontinue the service of any officer or servant who, in its opinion is not necessary or suitable to the requirements of the Panchayat, after giving such notice as is required to be given by the terms of his employment and every officer or servant whose services are discontinued, shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service as if the Panchayat in the employ of which he was, had not ceased to exist;
(d)any reference in any enactment or in any instrument to any provision of the repealed Regulation or the said Ordinance shall, unless a different intention appears, be construed as a reference to the corresponding provisions of this Act:
Provided further that notwithstanding anything contained in any other law for the time being in force all Panchayats continued in terms of proviso to Article 243N of the Constitution of India, shall continue to exercise the power under this Act until the Panchayats are duly constituted under this Act.