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Section 382 - Repeal and Savings in Karnataka Municipalities Act, 1964

snapp 382 KMA 1964 0 Notes

Repeal and Savings.

(1) The Mysore City Municipalities Act, 1933 (Mysore Act VII of 1933); the Mysore Town Municipalities Act, 1951 (Mysore Act XXII of 1951); the Bombay district Municipal Act, 1901 (Bombay Act III of 1901); the Bombay Municipal Boroughs Act, 1925 (Bombay Act XVIII of 1925); the Bombay Municipal Servants Act, 1890 (Bombay Act V of 1890); the Hyderabad District Municipalities Act, 1956 (Hyderabad Act XVIII of 1956); the Madras District Municipalities Act, 1920 (Madras Act V of 1920); the Coorg Municipal Regulation, 1907 (Regulation II of 1907); the Madras Town Nuisances Act, 1899 (Madras Act III of 1899); 1 [Chapter II of the Madras Public Health Act, 1939 (Madras Act III of 1939)] Chapter XI of the 2 [Karnataka] Village Panchayats and Local Boards Act, 1959 (2 [Karnataka] Act 10 of 1959) are hereby repealed:

Provided that such repeal shall not affect, --

(a) the previous operation of the said laws or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said laws; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said laws; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, 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 this Act had not been passed:

Provided further that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made, tax, fee or cess imposed, notification, order, instrument, or direction issued, rule, regulation, form, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected) under the said laws shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act:

3 [Provided further that notwithstanding anything contained in the preceding proviso where any tax, duty, fee or cess other than a duty on transfers of immovable properties has been imposed under the said laws at a rate higher than the maximum rate permissible under this Act, such tax, duty, fee or cess may continue to be imposed and collected at such higher rate unless and until superseded by anything done or any action taken under this Act.]

Provided also that any reference in any enactment or in any instrument to any provision of any of the repealed laws shall, unless a different intention appears, be construed as a reference to the corresponding provision of this Act.

(2) Notwithstanding anything contained in sub-section (1), any tax, feeor cess imposed under the said laws may, notwithstanding that such tax, fee or cess cannot be imposed under the provisions of this Act, be continued to be levied and recovered as if the provisions of such laws and the rules, bye-laws, orders and notifications made or issued thereunder relating to such levy and recovery had not been repealed.

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1. Inserted by Act 83 of 1976 w.e.f. 8.12.1976.

2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.

3. Inserted by Act 34 of 1966 w.e.f. 1.4.1965.

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