Section 38 in The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947
38. [ Repeals and savings. [Section 38 was added by Bombay 61 of 1958, Section 3(25).]
- On the commencement of this Act in that part of the [State of Bombay] to which it is extended by the Bombay Prevention of Fragmentation and Consolidation of Holdings (Extension and Amendment) Act, 1958, the following provisions shall be repealed, namely:-(i)the Hyderabad Prevention of Fragmentation and Consolidation of Holdings Act, 1956;(ii)Chapter II of the Saurashtra Fragmentation and Regulation of Holdings Act, 1954;(iii)Chapter XVI of the Madhya Pradesh Land Revenue Code, 1954;Provided that such repeal shall not affect,-(a)the previous operation of any law so repealed, or anything, duly done or suffered thereunder; or(b)any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or(c)any penalty incurred in respect of anything done against any law so repealed;and any investigation, proceedings or remedy in respect of any such right, privilege, obligation, liability or penalty as aforesaid may be instituted, continued or enforced, and any such penalty may be imposed as if the Bombay Prevention of Fragmentation and Consolidation of Holdings (Extension and Amendment) Act, 1958, had not been passed;Provided further that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made, notification, order or notices issued, rule, regulation or form framed, scheme framed or confirmed, standard areas laid down, fixed or revised, transfer or lease of fragment, valuation thereof, partition of an undivided estate, or entry in the record of rights made, amount of compensation determined, certificate granted, consolidated holdings duly transferred, alienated or sub-divided) under any such repealed law shall be deemed to have been done or taken under the corresponding provision of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.]NotificationsG. N., R. & F. D., No. CON. 1061/M-(Spl.), dated 6th October, 1964 (M. G., Part IV-B, page 1418) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Prevention of Fragmentation and Consolidation of Holdings (Amendment) Act, 1964 (Maharashtra XXXI of 1964), the Government of Maharashtra hereby appoints the 10th day of October 1964, as the date on which the said Act shall come into force.G. N., R. D., No. CON. 1058/17445-M, dated 17th March, 1959 (M. G., Part IV-B, page 460) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1964 (Bombay LXII of 1947), the Government of Bombay hereby directs that the said Act shall come into force in all the areas of the State other than areas comprised in the pre-Reorganisation State of Bombay excluding the transferred territories on the 1st day of April 1959.Amended by G. N., R. & F. D., No. CON. 1067/167134-(c)/V, dated 5th September, 1968 (M. G., Part-IV-B, page 1311)Amended by G. O., R. & F. D., No. CON. 1570/98813-(d)/V, dated 29th May, 1971 (M. G., Part-IV-B, page 779)Amended by G. N., R. & F. D., No. CON. 1171/115655-L-1, dated 27th January, 1976 (M. G., Part-IV-B, page 178).Amended by G. N., R. & F. D., No. CON. 1581/213982/2451-L-1, dated 5th March, 1982 (M. G., Part-IV-B, page 193)Amended by G. N., R. & F. D., No. CON. 1582/163043/2882(III)-LI, dated 12th September, 1983 (M. G., Part-IV-B, page 1300)G. N., R. D., No. CON. 3559/6429 (Viii)-M, dated 27th May, 1960 (M. G., Part IV-B, page 42) - In exercise of the powers conferred by clause (3) of section 2 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947), read with section 2 of the Bombay Prevention of Fragmentation and Consolidation of Holdings (Extension and Amendment) Act, 1958 (Bombay LXI of 1958), and in supersession of Government Notification, Revenue Department No. CON. 3554 (i), dated the 29th November, 1954, insofar as it relates to the territories of the State of Maharashtra and Government Notification, Revenue Department, No. CON. 3558/161698-M, dated the 11th September, 1958, the Government of Maharashtra hereby authorises all [Tahsildars, Naib-Tahsildars and Aval Karkuns] [Substituted by G.N. of 5-9-1968.] in the districts specified in the Schedule hereto appended to perform the functions of a Consolidation Officer, under section 26 of the said Act, in respect of any [village or taluka] [Substituted by G.N. of 5-9-1968.] or any part thereof, within their respective jurisdiction.
