Section 186 in The Maharashtra Village Panchayats Act, 1959
186. Savings.
- Notwithstanding the repeal of the said laws and the foregoing provisions of this Act,-(1)Any local area declared to be a village immediately before the coming into force of this Act shall be deemed to be a village under this Act;(2)The Panchayats constituted under the said Acts immediately before the said date (hereinafter called "the old Panchayats") shall be deemed to be Panchayats of the respective villages (hereinafter called "the new Panchayats")(3)The Sarpanch, the Deputy Sarpanch or Upa-Sarpanch and the members of Panchayats elected or appointed for the Panchayats and holding office immediately before the said date shall respectively be deemed to be the Sarpanch, the Upa-Sarpanch and the members of the new Panchayats;(4)the said Sarpanch, the Upa-Sarpanch and the members shall hold office as such Sarpanch, the Upa-Sarpanch and the members for the period for which they would have held office under the said Act, subject however to the provision relating to disqualifications, resignation, removal and vacancy provided in this Act;(5)[* * * * * *] [Clauses (5) and (6A) were deleted by Maharashtra 13 of 1975, Section 37(a).](6)the unexpended balance of the village fund and all the properties (including arrears of rates, taxes and fees) vesting in the old Panchayats shall from the said date vest in the new Panchayats and such arrears of rates, taxes and fees shall be recoverable under the provisions of this Act as if they had been imposed and recoverable under the provisions of this Act;(6A)[* * * ] [Clauses (5) and (6A) were deleted by Maharashtra 13 of 1975, Section 37(a).](7)all debts and obligations incurred and all contracts made by or in behalf of the old Panchayats immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the new Panchayats in exercise of the powers conferred to them by this Act;(8)Any appointment, notification, notice, tax, fees, order, scheme, licence, permission, rule, bye-laws or form made, issued, imposed or granted in respect of the said villages and in force on the date of the commencement of this Act shall in so far as they are not inconsistent be deemed to have been made, issued, imposed or granted under this Act in respect of the village and shall continue in force until it is superseded or modified by any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under this Act;(9)all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated immediately before the commencement of this Act by the old Panchayats shall be deemed to have been made or authenticated by the new Panchayats under this Act;(10)The Secretaries, Karbharis, all officers and servants in the employ of the old Panchayats immediately before the said date shall be the Secretaries, Karbharis, Officers and servants of the new Panchayats:(11)All proceedings pending before the old Panchayats [* * *] [The words 'and Nyaya Panchayat of the old Panchayats' were deleted by Maharashtra 13 of 1975, Section 37(b).] shall be deemed to have been instituted and to be pending before the new Panchayats, [* * *] [The words 'and Nyaya Panchayat of the New Panchayats, as the case may be' were deleted by Maharashtra 13 of 1975.]and Shall be heard and disposed of by the said Panchayats [* * *] [The words 'or Nyaya Panchayat as the case may be' were deleted by Maharashtra 13 of 1975.] under this Act;(12)all appeals pending before the old Panchayats at the said date shall be disposed of by the new Panchayats;(13)All prosecutions instituted by or on behalf of the old Panchayats and all suits or other legal proceedings instituted by or against the old Panchayats or any officer of Panchayats pending at the said date shall be continued by or against the new Panchayats:(14)The Saurashtra Gram Panchayats Madhyastha Mandal constituted under section 45 of the Saurashtra Gram Panchayats Ordinance, 1949, or any District Panchayat Mandal or Taluka Panchayats Mandal appointed by it shall be dissolved and cease to function and any unexpended balances of money in their custody shall vest in the State Government. The provisions of sub-section (4) of section 60 shall, so far as may be applicable, apply in relation to the officers, and servants of the Saurashtra Gram Panchayat Madyastha Mandal, or the District Village Panchayats Mandal or Taluka Village Panchayat Mandal.(15)Any reference to any enactment or in any instrument to any of the laws repealed or to any provision thereof or any authority elected of appointed thereunder shall be construed as reference to the Bombay Village Panchayats Act, 1958, or to the corresponding provision thereof or to the corresponding authority elected or appointed thereunder.
