Section 12 in The Administration of Orissa States Orders, 1948
12. Transitory provisions.
(a)Subject to the provisions of this Order and subject also to any notification or order that may be issued under the laws applied or continued in force under paragraph 4, all persons who immediately before the commencement of this order were exercising lawful functions in the state and who are continued in service by the Provincial Government and in cases where such persons were exercising functions by virtue of their office, their successors in office as well, shall until other provisions are made by or under this Order by the appropriate authority continue to exercise those functions :Provided that nothing in this sub-paragraph shall affect the provisions of Clause (b) of Rule 2 of the Transfer Rules, 1944 of Patna State.(b)All Officers who, having been invested with power equivalent to those of a Sub-divisional Magistrate or a Magistrate of the first class or second class or third class by a competent authority prior to the 1st January, 1948, continue to exercise those powers under subparagraph (a) shall be deemed to have been invested with the powers of such Magistrate under the Code of Criminal Procedure, 1898 (V of 1898), as applied to the Orissa state under paragraph 4 and no proceedings before any such Magistrate shall be called into question in any Court whatsoever on the ground that the said Magistrate was not validly invested with such powers under the said Code as so applied.(c)All appeals, revision petitions and other proceedings that were pending before any Civil, Criminal or Revenue Court constituted or continued by or under this Order, and exercising jurisdiction which, as far as may be, corresponds to the jurisdiction of the Court before, which such appeals and petitions were filed and such proceedings were commenced :Provided that the law to be followed by such Courts shall be the law . applied or continued under paragraph 4.Explanation. - The expression "Functions" includes the powers, of a Civil, Criminal and Revenue Courts.
