Section 132 in The Bihar (Coal Mining) Area Development Authority Act, 1986
132. Repeals and Savings.
(1)As from the date of the constitution of Authority under this Act (a) The Bihar Town Planning and Improvement Trust Act, 1951 (Bihar Act 35, 1951), (b) The Bihar Restrictions of Uses of Land Act, 1948 (The Bihar Act 23 of 1948), (c) The Jharia Water Supply Act, 1914 (Bihar Act 3 of 1914), (d)The Bihar and Orissa Mining Settlements Act, 1920 (Act No. 4 of 1920), (e) The Hazaribagh Mines Board Act, 1936 (Bihar Act III of 1936), (f) The Bihar Regional Development Authority Act, 1981 (Bihar Act 40, 1982) shall cease to have effect within the area notified under section 3 of this Act.(2)The Gram Panchayat Samities and Zila Parishads constituted under the Bihar Panchayat Samities and Zila Parishads Act, 1961 (Bihar Act VI of 1962) as modified up to 20th June, 1970 whose jurisdiction extends over the Coal Mining Development Area shall not exercise such powers and functions as have been entrusted to the Authority constituted under this Act with effect from the date to be notified by the State Government.(3)Notwithstanding the provisions of sub-section (1)-(a)subject to the scrutiny of the requirements of the Authority assessed by an officer appointed by the State Government, every such officer or other employees serving with Coal Mines Development Area under the various authorities/organisations set-up under the Acts listed in sub-section (1) of this section immediately before the date of the constitution of the Authority and proposed to be retained by the Authority shall, on and from such date be deemed to have been transferred to and become an officer or other employees of the Authority with such designation as the Authority may determine and may hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held if the Authority had not been constituted, and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Authority:Provided that any service rendered by such an officer or other employees before the constitution of the Authority and proposed to be retained by the Authority shall be deemed to be service rendered under if;(b)anything done (including any appointment, rule, bye-laws, regulation of form made, granted or issued) under various acts listed in subsections (1) and (2) of this section shall, so far as it is not inconsistent with the provisions of this Act continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superceded by anything done or any action taken under the said provisions;(c)all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the various authorities/organisations set up under the acts listed in subsections (1), (2) of this section shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authority;(d)all properties movable and immovable and all rights, title and interest in any property vested in the authorities/organisations set up under the acts listed in sub-sections (1), (2) of this section shall vest in the Authority and all properties in possession of such authorities/ organisations shall be deemed to be due to the Authority;(e)all suits, prosecution, and other legal proceedings instituted or which might have been instituted by, for, or against the authorities/ organisations set up under the acts listed in sub-sections (1), (2) of this section may be continued or instituted by, for or against the Authority;(f)all sums charged on any property under various acts listed in subsections (1), (2) of this section or the rules or regulations framed thereunder shall continue to be charged on that property and the charge shall be enforceable by the Authority;(g)from the date the Authority comes into existence it will have the same right as the various authorities/organisations set up under the acts listed in sub-sections (1), (2) of this section had in all lands within the area notified under section 3 of this Act which were previously held by the aforesaid various authorities/organisations on lease from the State Government for a certain period or the possession of which has been delivered to the aforesaid authorities/organisations;(h)all lands within the area notified under section 3 of this Act held by any person on leases from the various authorities/organisations set up under the acts listed in sub-sections (1), (2) of this section under a registered deed or lease for residential purpose (and not for commercial purpose or commercial-cum-residential purpose) shall be deemed to be vested in him as perpetual lease on payment of fee to the Authority at the rate of one rupee per square metre;(i)the Authority shall continue to enjoy the powers to realise the various sources of income in terms of levies, fees, cess, etc. otherwise empowered to be realised by various authorities/organisations set up under the acts listed under sub-sections (1), (2) of this section under their respective acts and rules and regulations framed thereunder as if the said authorities/organisations were still functioning under their respective statutes until the same are amended by the Authority from time to time.(4)(1)The Bihar Coal Mining Area Development Authority Ordinance, 1986 (Bihar Ordinance No. 11, 1986) is hereby repealed.(2)Notwithstanding such repeal, anything done or any action taken in exercise of the powers by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing or action was done or taken.
