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State of Gujarat - Section

Section 85 in The Bombay Public Trusts Act, 1950

85. Repeal.

(1)The Religious Endowments Act, 1863, (XX of 1863), is hereby repealed.
(2)[On the date of the application] [These words were substituted for the words 'On the applications' by Bombay 28 of 1953, s 18(l)(a).] of the provisions of this Act to any public trust or class of public trusts under sub-section (4) of section 1 [(hereinafter in this section referred to as the said date)] [These brackets and words were inserted by Bombay 28 of 1953, Section 18(l)(b).] the provisions of the Act specified in [Schedule A] [Substituted for the words 'the Schedule' by Bombay 14 of 1951, Section 17.] which apply to such trust or class of trusts shall cease to apply to such trust or class of trusts.
(3)[Save as otherwise provided in this section such repeal] [These words were substituted for the words 'such repeal' by Bombay 28 of 1953, Section 18(2).] or cessation shall not in any way affect-
(a)any right, title, interest, obligation or liability already acquired, accrued or incurred before [the said date] [Substituted for the words 'the date of the application of this Act' by Bombay 28 of 1953.],
(b)any legal proceedings or remedy in respect of such right, title, interest, obligation or liability, or
(c)anything duly done or suffered before [the said date] [Substituted for the words 'the date of the application of this Act' by Bombay 28 of 1953.]
(4)[ Notwithstanding anything contained in sub-section (3) all proceedings pending before any authority under the Mussalman Wakf Act, 1923 (XLII of 1923) [as amended by the Mussalman Wakf (Bombay Amendment) Act, 1935, (Bombay XVIII of 1935], the Bombay Public Trusts Registration Act, 1935, (Bombay XXV of 1935), or the Parsi Public Trusts Registration Act, 1936, (Bombay XXIII of 1936), immediately before the said date shall be transferred to the Charity Commissioner and any such proceedings shall be continued and disposed of by the Charity Commissioner or the Deputy or Assistant Charity Commissioner as the Charity Commissioner may direct. In disposing of such proceedings the Charity Commissioner, the Deputy Charity Commissioner or the Assistant Charity Commissioner, as the case may be, shall have and exercise the same powers which were vested in and exercised by the Court under the Mussalman Wakf Act, 1923, (XLII of 1923) [as amended by the Mussalman Wakf (Bombay Amendment) Act, 1935] (Bombay XVIII of 1935) and by the Registrars under the Bombay Public Trusts Registration Act, 1935, (Bombay XXV of 1935) and the Parsi Public Trusts Registration Act, 1936, (Bombay XXIII of 1936), and shall pass such orders as may be just or proper.
(5)All records maintained by the authority or Court under any of the Acts referred to in sub-section (4) shall be transferred to the Charity Commissioner or the Deputy or Assistant Charity Commissioner as the Charity Commissioner may direct.] [Sub-sections (4) and (5) were added by Bombay 28 of 1953]