Section 3 in Bihar Agriculture Produce Market (Repealing) Act, 2006
3. Repeal and savings.
- (i) Bihar Agriculture Produce Market Act, 1960 and Bihar Agriculture Produce Market Rules, 1975, framed thereunder, as the Act and Rules exist on the date of coming into force of this Act shall stand repealed with effect from the date this Act comes into force.(ii)Notwithstanding such repeal, any action taken or decision rendered shall be deemed to have been valid and shall not be questioned on the ground of repeal of the Act:Provided further that any proceeding including penal, assessment or for levy of market fee initiated under the Act shall continue as if the Act still exists and such proceeding shall continue till it reaches its finality :Provided further that proceeding referred to above shall lie before the 'Special Officer' at the initial stage and before the 'Administrator' at appellate stage, wherever appeal is provided under the Act:Provided further that 'Special Officer' and 'Administrator' shall be deemed competent authority for the purpose of the Act as if they were the authority designated to hear and conclude such proceeding.Explanation: A proceedings shall be deemed to be initiated where a decision has been taken to initiate a proceeding or where 'Special Officer' or 'Administrator forms an opinion on examination of records, that a proceeding for realization of fee under the Act ought to have been initiated, which though, has not been initiated till repeal of the Act.(iii)All disciplinary proceedings against employees of the Board or against personnel serving on deputation, which has been initiated on or before repeal of the Act shall continue and shall be considered by the disciplinary authority of the Department of Government of Bihar, or Authority, Undertaking, Corporation or Company or such organization or place where such employees are serving after repeal of the Act and for the purpose of proceeding it shall be considered as if such personnel are within control, supervision and jurisdiction of the disciplinary authority where the personnel are serving after repeal of the Act and it shall not be open to question jurisdiction of disciplinary authority.Explanation: A proceeding shall be deemed to have been initiated if charges have been framed on or before repeal of the Act and further that having regard to material and evidence in the possession of the Board or the Committee 'Special Officer' or 'Administrator' comes to the conclusion that a proceeding ought to be initiated, such proceeding shall be deemed to have been initiated as if the Act has not been repealed:Provided further that if charges have not been framed on or before repeal of the Act it shall not be framed on expiry of 365 days from date of repeal excluding date of repeal.
