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State of West Bengal - Section

Section 26 in West Bengal Escheats and Forfeitures Act, 2012

26. Repeal and saving.

(1)On and from the date of this Act comes into force, the enactments specified in the Schedule, so far as they are in force in the State of West Bengal, shall be repealed to the extent mentioned in third column thereof.
(2)Notwithstanding such repeal, anything done, or any action taken, or any rules or orders made, or any notices or notifications issued, in exercise of any power conferred by the said enactments or under any other law for the time being in force shall be deemed to have been done, taken, made or issued under the corresponding provisions of this Act, as if, this Act commenced on the date on which the said action, rules or orders were taken or made or the notices or notifications issued.
(3)All proceedings at present pending before the Board of Revenue of the State Government relating to escheats shall stand transferred to the Competent Authority who at his discretion may proceed de novo, or from the stage reached at the time of such transfer or such other stage as he considers fit, subject to natural justice being complied with in both the exercise of and result of exercise of discretion.
(4)All properties escheated under any proceeding prior to the commencement of this Act or in possession of, being administered, controlled or in the custody of the Board of Revenue of the State Government prior to the commencement of this Act, shall be deemed to have been escheated under this Act and the Competent Authority or the Collector, as the case may be, shall take over such administration, control or custody and possession, as the case may be. This Act shall have effect as if the escheat were under this Act.The Schedule[See sub-section (1) of section 26]
Number and year Short title Extent of repeal
(1) (2) (3)
Bengal Regulation 5 of 1799 The Bengal Wills and Intestacy Regulation, 1799. The whole.
Bengal Regulation XIX of 1810. The Bengal Charitable Endowments, PublicBuildings and Escheats Regulation, 1810. So far as relates to escheat.