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State of Odisha - Section

Section 13 in Administration of Mayurbhanj State Order, 1949

13. Transitory provisions.

(a)Subject to the provisions of this order and subject also to any notification or order that may be issued under the laws applied or continued in force under paragraph 5 all persons who immediately before the commencement of this order were exercising lawful functions in the State and who are continued in service by the Provincial Government and in cases when such persons were exercising functions by virtue of their office, their successors in office as well, shall until other provisions are made by or under this order by the appropriate authority, continue to exercise those functions.
Explanation. - The expression "functions" includes the powers of a Civil, Criminal and Revenue Court.
(b)All officers who having being invested with powers equivalent to those of a Sub-divisional Magistrate of the First Class or Second Class or Third Class by a competent authority prior to the 1st January, 1949 continue to exercise those powers under sub-paragraph (a) shall be deemed to have been invested with the powers of such Magistrates, under the Code of Criminal Procedure, 1898 (V of 1898), as applied to the state under paragraph 4 and no proceeding before any such Magistrate, shall be called, into question in any Court whatsoever on the ground that the said Magistrate was not validly invested with such powers under the said Code as, so applied.
(c)All appeals, revision petitions and other proceedings that were pending before any Civil, Criminal or Revenue Court on the 31st December, 1948 shall be heard and disposed of by the appropriate Civil, Criminal Revenue Court constituted or continued by or under this order and exercising jurisdiction which as far as may be corresponds to the jurisdiction of the Court before which such appeals and petitions were filed and such proceedings were commenced :
Provided that the law to be followed by such Courts shall be the law applied or continued in force under paragraph 4.