Section 167State of Maharashtra Act

Section 167: Repeal and saving

Repeal and saving.

(1)

The enactments specified in Part I of Schedule are hereby repealed: Provided that––

(i)

All rules prescribed, appointments made, powers conferred, orders made or passed, directions and certificates issued, consent, permit, permission or licences given, summons or warrants issued or served, persons arrested or detained or dis-charged on bail or bond, search warrants issued, bond forfeited, penalty incurred under any such enactment shall, so far as they are consistent with this Act, be deemed to have been respectively prescribed, made, conferred, given, passed, served, arrested, detained, discharged, forfeited and incurred thereunder.

(ii)

All references made in any Bombay Act to any of the Acts hereby repealed shall be read as if made to the corresponding provision of this Act.

(2)

Nothing in sub-section (1) shall be deemed to affect––

(a)

the validity, invalidity, effect or consequence of anything done or suffered to be done in an area before the date on which the provisions of this Act come into force in such area;

(b)

any right, privilege, obligation or liability already acquired, accrued or incurred before such date;

(c)

any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such date;

(d)

any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment;

(e)

any legal proceeding pending in any Court or before any officer on the aforesaid date or anything done or suffered to be done in the course of such proceedings; and any such proceeding or any appeal or revisional proceedings arising out of such proceeding shall be instituted, continued or disposed of, as the case may be, as if this Act had not come into force.

(2A)

On the commencement of this Act in that part of the State to which it is extended by the Bombay Police (Extension and Amendment) Act, 1959, the laws specified in Part II of Schedule I and in Schedule IV, as in force in that part of State, shall stand repealed:Provided that, such repeal shall not affect––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the previous operation of any law so repealed, or anything duly done or suffered thereunder; or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)

the right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or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any penalty incurred in respect of anything done against any law so repealed,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, legal proceeding 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 this Act had not come into force in the relevant part of the State:Provided further that, subject to the preceding proviso, anything done or any action taken (including any rule prescribed, appointment made, power conferred, order made and passed, direction or certificate issued, consent, permit, permission or licence given, summons or warrant issued or served, person arrested or detained or discharged on bail or bond, search warrant issued or bond forfeited), under any such repealed law shall, in so far as it is not inconsistent with this Act, be deemed to have been done or taken under the corresponding provision of this Act, as if the said provisions were in force in the relevant part of the State when such thing was done or such action was taken, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act:Provided also that, any reference to any such repealed law, or to any provision thereof, in any law for the time being in force, shall be construed as a reference to this Act or to the corresponding provision thereof.

(3)

The enactment specified in Schedule III in its application to the Pre-Reorganisation State of Bombay, excluding the transferred territories, is hereby amended to the extent and in the manner mentioned in the fourth column thereof.

Sec 166 — Persons interested may apply to State Government to annual, reverse or alter any rule or order

Sec 168 — Saving of laws relating to Village Police and Reserve Police

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