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State of Karnataka - Section

Section 318 in Karnataka Panchayat Raj Act, 1993

318. Repeal and Savings.

- The Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (Karnataka Act 20 of 1985 ) is hereby repealed:Provided that such repeal shall not affect,-
(a)the previous operations of the said Act or anything duly done or suffered thereunder, or
(b)any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or
(c)any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act; or
(d)any investigation, legal proceeding or remedy in respect of such right, privilege obligation, 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 provision, anything done or any action taken (including any appointment or delegation made, tax, fee or cess imposed, notification, order, instrument or direction issued, rule, regulation, form, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected) under the said Act 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or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act;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 Mandal Panchayat or Zilla parishad, 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 Grama Panchayat, Taluk Panchayat or Zilla 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 Grama Panchayat, Taluk Panchayat or Zilla 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 Mandal Panchayat or Zilla Parishad in the employ of which he was, had not ceased to exist;
(d)all assets and liabilities of, and all contracts made by or on behalf of a Mandal Panchayat or a Zilla Parishad before the date of commencement of this Act and subsisting on that day shall stand transferred to such Grama Panchayat, Taluk Panchayat or Zilla Panchayat in accordance with such orders as the Government may make in this behalf;
(e)where a provident fund or superannuation fund or any other like fund has been established for the benefit of the employees of the Mandal Panchayat or a Zilla Parishad, the moneys standing to the credit of any such fund on the date of commencement of this Act together with any other assets belonging to such fund shall stand transferred to and vest in the Government and the Government shall be liable to discharge the obligations of the Mandal Panchayat and Zilla Parishad in respect of such fund;
(f)any reference in any enactment or in any instrument to any provision of the repealed Act shall unless a different intention appears be construed as a reference to the corresponding provisions of this Act.