Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 2] [Entire Act]

State of Gujarat - Section

Section 86 in The Gujarat Housing Board Act, 1961

86. Repeal and consequential provisions.

(1)On date appointed under subsection (1) of section 3 of this Act (hereinafter referred to as "the appointed day") the Bombay Housing Board Act, 1948, and the Saurashtra Housing Board Act, 1954 (both referred to in this section as "the repealed Acts") shall stand repealed.
(2)On the appointed day the Gujarat Housing Board constituted under the Bombay Housing Board (Dissolution and Reconstitution) Order, 1960 and the Saurashtra Housing Board constituted under the Sauashtra Housing Board Act, 1954 (both referred to in this section as "dissolved Boards") shall stand dissolved and all members of the dissolved boards shall vacate their office and on such dissolution the following consequences shall ensue, that is to say,-
(i)all rights of the dissolved Boards shall vest in the Board established under section 3 of this Act (hereinafter referred to as "the new Board");
(ii)all property movable or immovable which immediately before the appointed day vested in the dissolved Boards shall, subject to the limitations and conditions, if any, attached thereto, vest in the new Board;
(iii)all sums due to the dissolved Boards on any account shall be sums due to the new Board and shall be realizable by the new Board in accordance with the law for the time being in force;
(iv)all debts, liabilities and obligations incurred, including any loans borrowed and debentures issued, by or on behalf of the dissolved Boards and subsiding immediately before the appointed day shall be deemed to have been incurred, borrowed and issued by the new Board in exercise of the powers and functions conferred on it by this Act and shall be subject to the provisions of this Act and any guarantee for repayment of principal or payment of interest given before the appointed day by the State Government in respect of such loans and debentures shall be deemed to be a guarantee given under the relevant provisions of this Act and shall have effect accordingly;
(v)all contracts made and all maters and things undertaken by the dissolved Boards shall be deemed to have been made or undertaken by the new Board under this Act;
(vi)all prosecutions instituted by or on behalf of any of the dissolved Boards and all suits and other legal proceedings instituted by or against any such Board and pending immediately before the appointed day shall be continued and disposed of as if they had been instated by, on behalf of or against the new Board under this Act or any other law for the time being force.
(vii)all proceedings under the repealed Acts pending immediately before the appointed day before an authority or officer appointed under there pealed Acts shall stand transferred to the corresponding authority or officer competent to entertain such proceedings under this Act and shall be disposed of by such authority or officer under this Act;
(viii)all proceedings under the relevant land acquisition law pending immediately before the appointed day for the acquisition of land for the purposes of any of the dissolved Boards shall be deemed to be proceedings for acquisition of such land for the purposes of the new Board and shall be completed accordingly;
(ix)all officers and servants in the employ of the dissolved Boards shall stand allotted for service to the new Board ad shall, unit provisions is otherwise made under the provisions of this Act, be subject to the conditions of service to which they were subject before the appointed day:
Provided that the conditions of service of any such officer or servant as applicable immediately before the appointed day shall not be varied to his disadvantage by the new Board except with the previous approval of the State Government.
(3)Anything done or action taken and any right, liability or obligation acquired, accrued or incurred under the repealed Acts and not covered by sub-section (2) shall respectively be deemed to have been done, taken, acquired, accrued or incurred under the corresponding provisions of this Act and the provisions of this Act shall apply thereto accordingly.
(4)The rules, regulations and bye-laws made under the Bombay Housing Board Act, 1948 and in force immediately before the appointed day shall in so far as they are not inconsistent with the provisions of this Act, be deemed to be made under this Act in relation to the whole of the State and shall continue in force accordingly until they are superseded by anything done or action taken under this Act.