Section 38 in The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947
38. [ Repeals and Savings. [Section 38 as 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Consolidation of Holdings (Extension and Amendment) Act, 19.58 (Bombay LX1 of 1958), the following provisions shall be repealed, namely:(i)the Hyderabad Prevention of Fragmentation and Consolidation of Holdings Act, 1956 (Hyderabad Act XL of 1956);(ii)Chapter II of the Saurashtra Fragmentation and Regulation of Holdings Act, 1954 (Saurashtra Act XII of 1954);(iii)Chapter XVI of the Madhya Pradesh Land Revenue Code, 1954 (M. P. Act II of 1955);Provided that, such repeal shall not affect,-(a)the previous operation of any law so repealed, or anything duly one or suffered thereunder, or(b)any right privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or(c)any penalty incurred in respect of anything done against any law so repealed;and any investigation, proceedings or remedy in respect of any such right, privilege, obligation, liability or penalty as aforesaid may be instituted,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 (Bombay LXI of 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, rules, 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determined, certificate granted consolidated holdings duly transferred, alienated or subdivided) under any such repealed law shall be deemed to have been done or taken under the corresponding provision of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.]
