Section 85 in The Maharashtra Public Trusts Act, 1950
85. Repeal
(1)The Religious Endowments Act, 1863, is hereby repealed.(2)On the date of the application of the provisions of this Act to any public trust or class of public trusts under sub-section (4) of section 1 (hereafter in this section referred to as the said date) the provisions of the Act specified in Schedule A 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 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,(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.(4)Notwithstanding anything contained in sub-section (5) all proceedings pending before any authority under the Mussalman Wakf Act, 1923 (as amended by the Mussalman Wakf (Bombay Amendment) Act, 1935), the Bombay Public Trusts Registration Act, 1935, or the Parsi Public Trusts Registration Act, 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 (as amended by the Mussalman Wakf (Bombay Amendment) Act, 1935 and by the Registrars under the Bombay Public Trusts Registration Act, 1935), and the Parsi Public Trusts Registration Act, 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 to the Deputy or Assistant Charity Commissioner as the Charity Commissioner may direct.
