1[86. Further repeals and savings consequent on commencement of Bom. XXIX of 1950 in other areas of State.- (1) On the commencement of this Act in that area of the State to which it is extended by the Bombay Public Trusts (Unification and Amendment) Act, 1959 (Bom. VI of 1960)-
(i) the Religious Endowments Act, 1863 (XX of 1863), as in force in the Saurashtra and Kutch areas of the State,
(ii) the Madhya Pradesh Dharmadaya Funds Act, 1951 (M.P. Act XVIII of 1951), as in force in the Vidarbha Region of the State, and
(iii) any law relating to public trusts to which Chapter VII-A applies, to the extent to which it corresponds to the provisions of this Act,
shall stand repealed.
(2) On the date of application of the provisions of this Act to any public trust or class of public trusts under sub-section (4) of section 1 (hereinafter in this section referred to as the said date), the provisions of the Acts specified in Schedule AA which apply to such trust or class of trusts shall cease to apply thereto.
(3) Save as otherwise provided in this section, such repeal or cessation shall not in any way affect-
(a) anything duly done or suffered under the laws hereby repealed or ceasing to apply before the said date;
(b) any right, title, interest, obligation or liablity already acquired, accrued or incurred before the said date under the laws hereby repealed or ceasing to apply;
(c) any legal proceedings or remedy in respect of such right, title, interest, obligation or liability :
Provided that, if on the said date, any legal proceeding in respect of any public trust is pending before any court under any enactment specified in Schedule AA to which the State Government, Commissioner, Registrar or any officer of the State Government is a party, the Charity Commissioner, shall be deemed to be substituted in those proceedings for the State Government, Commissioner, Registrar or as the case may be, the officer, and such proceedings shall be disposed of by such court:
Provided further that, every proceeding pending before any criminal court under the Madhya Pradesh Dharmadaya Funds Act, 1951 (M. P. Act XVIII of 1951) shall abate on the repeal of that Act under sub-section (1).
(4) Notwithstanding anything contained in sub-section (3) all proceedings pending immediately before the said date before any authority (other than a court) under any enactment specified in Schedule AA shall be continued and disposed of 2[by such authority] under that enactment as if the Bombay Public Trusts (Unification and Amendment) Act, 1959 (Bom.VI of 1960), had not been passed.
(5) Notwithstanding the cessation of any enactment specified in Schedule AA all arrears of contributions and other sums payable under any such enactment shall be recoverable under the provisions of this Act, as if they had been recoverable under the provisions of this Act.
(6) All records maintained by Registrars under the Madhya Pradesh Public Trusts Act, 1951 (M. P. Act. XXX of 1951), shall be transferred to the Charity Commissioner or to the Deputy or Assistant Charity Commissioner as the Charity Commissioner may direct.
(i) the Religious Endowments Act, 1863 (XX of 1863), as in force in the Saurashtra and Kutch areas of the State,
(ii) the Madhya Pradesh Dharmadaya Funds Act, 1951 (M.P. Act XVIII of 1951), as in force in the Vidarbha Region of the State, and
(iii) any law relating to public trusts to which Chapter VII-A applies, to the extent to which it corresponds to the provisions of this Act,
shall stand repealed.
(2) On the date of application of the provisions of this Act to any public trust or class of public trusts under sub-section (4) of section 1 (hereinafter in this section referred to as the said date), the provisions of the Acts specified in Schedule AA which apply to such trust or class of trusts shall cease to apply thereto.
(3) Save as otherwise provided in this section, such repeal or cessation shall not in any way affect-
(a) anything duly done or suffered under the laws hereby repealed or ceasing to apply before the said date;
(b) any right, title, interest, obligation or liablity already acquired, accrued or incurred before the said date under the laws hereby repealed or ceasing to apply;
(c) any legal proceedings or remedy in respect of such right, title, interest, obligation or liability :
Provided that, if on the said date, any legal proceeding in respect of any public trust is pending before any court under any enactment specified in Schedule AA to which the State Government, Commissioner, Registrar or any officer of the State Government is a party, the Charity Commissioner, shall be deemed to be substituted in those proceedings for the State Government, Commissioner, Registrar or as the case may be, the officer, and such proceedings shall be disposed of by such court:
Provided further that, every proceeding pending before any criminal court under the Madhya Pradesh Dharmadaya Funds Act, 1951 (M. P. Act XVIII of 1951) shall abate on the repeal of that Act under sub-section (1).
(4) Notwithstanding anything contained in sub-section (3) all proceedings pending immediately before the said date before any authority (other than a court) under any enactment specified in Schedule AA shall be continued and disposed of 2[by such authority] under that enactment as if the Bombay Public Trusts (Unification and Amendment) Act, 1959 (Bom.VI of 1960), had not been passed.
(5) Notwithstanding the cessation of any enactment specified in Schedule AA all arrears of contributions and other sums payable under any such enactment shall be recoverable under the provisions of this Act, as if they had been recoverable under the provisions of this Act.
(6) All records maintained by Registrars under the Madhya Pradesh Public Trusts Act, 1951 (M. P. Act. XXX of 1951), shall be transferred to the Charity Commissioner or to the Deputy or Assistant Charity Commissioner as the Charity Commissioner may direct.
1. These sections were added by Bom. 6 of 1960, s. 40.
2. These words were inserted by Mah. 20 of 1971, s. 57.