1[149. Further
repeals and
savings
consequent on commencement of
Bom. XXV
of 1949 in
other areas
of State.- 2On the commencement of this Act in any area of the State to which it
is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959 (Bom
XII
of
1959), the
Acts mentioned in Schedule III and in force in that area, shall to the extent specified
in the fourth column thereof, stand repealed :
Provided that such repeal shall not affect,-
(a) the previous operation of any Act so repealed or anything duly done or suffered thereunder, or
v(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Acts so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any acts so repealed,
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if those Acts had not been repealed:
Provided further that-
(a) any licence, permit, pass, authorisation or permission granted or issued under any of the Acts so repealed shall continue to be in force and shall be deemed to have been granted or issued under the corresponding provisions of this Act; and
(b) notwithstanding the repeal of any of the Acts aforesaid, for all purposes in connection with the liability for, and the levy, assessment and collection or refund of, any tax, duty or fee (including any penalty) leviable,-
(i) under any provisions of section 27A of the Central Provinces and Berar Excise Act, 1915 (C. P. and Bear II of 1915), or
(ii) under section 112A of the 3Bombay Prohibition Act, 1949 (Bom. XXV of 1949) as in force in the Saurashtra area, or
(iii) before the commencement of this Act in any area under any provisions of any of the Acts repealed by this section,
the relevant Acts repealed (including all rules, regulations, notification, and orders made or issued thereunder) shall nevertheless continue in force for all such purposes; and all such taxes, duties and fees shall be levied, assessed, collected, refunded and penalty imposed and paid, as the case may be, as if those relevant Acts had not been repealed.]
Provided that such repeal shall not affect,-
(a) the previous operation of any Act so repealed or anything duly done or suffered thereunder, or
v(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Acts so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any acts so repealed,
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if those Acts had not been repealed:
Provided further that-
(a) any licence, permit, pass, authorisation or permission granted or issued under any of the Acts so repealed shall continue to be in force and shall be deemed to have been granted or issued under the corresponding provisions of this Act; and
(b) notwithstanding the repeal of any of the Acts aforesaid, for all purposes in connection with the liability for, and the levy, assessment and collection or refund of, any tax, duty or fee (including any penalty) leviable,-
(i) under any provisions of section 27A of the Central Provinces and Berar Excise Act, 1915 (C. P. and Bear II of 1915), or
(ii) under section 112A of the 3Bombay Prohibition Act, 1949 (Bom. XXV of 1949) as in force in the Saurashtra area, or
(iii) before the commencement of this Act in any area under any provisions of any of the Acts repealed by this section,
the relevant Acts repealed (including all rules, regulations, notification, and orders made or issued thereunder) shall nevertheless continue in force for all such purposes; and all such taxes, duties and fees shall be levied, assessed, collected, refunded and penalty imposed and paid, as the case may be, as if those relevant Acts had not been repealed.]
1 This section was inserted by Bom. 12 of 1959, s. 18.
2 The brackets and figure "(1)" were deleted by Bom. 22 of 1960, s. 97.
3 The short title of this Act was amended as "the Maharashtra Prohibition Act" by Mah. 24 of 2012, s. 2, Sch., Entry 37, w. e. f. 1-5-1960.