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Section 28: Repeal and savings

The Himachal Pradesh Ceiling on Land Holdings Act, 1972State Act of Himachal Pradesh · Act 19 of 1973

(1) The provisions of the Punjab Security of Land Tenures Act, 1953 (10 of 1953), and the Pepsu Tenancy and Agricultural Lands Act, 1955 (13 of 1955), and the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (15 of 1954), which are inconsistent with the provisions of this Act are hereby repealed.

(2) The repeal of the enactments referred to in sub-section (1) shall not affect their previous operation.

(3) Subject to the provisions of sub-section (2), anything done or any action taken including any appointment, delegation or transfer made, notification, proclamation, order, instruction or direction issued, authorities and powers conferred, rights acquired and liabilities incurred, rule, regulation, form or scheme framed, date, time and place appointed and other things done under the repealed Acts or law shall ,-

(a) be deemed to have been done or taken under the corresponding provisions, if any, of this Act;

(b) continue in force unless and until directed otherwise or superseded by anything done or any action taken under this Act by the State Government or by other competent authority.

(4) Notwithstanding the repeal of the enactments mentioned in subsection (1) all suits, applications or other proceedings pending disposal at the commencement of this Act, shall be disposed of in accordance with the provisions of the said Acts as if these Acts had not been repealed.

1[5. Savings.- Where any allotment of land made under any scheme, framed under the principal Act, is found to be inconsistent with the provisions made in the principal Act, as amended by sections 2 and 3 of this Act, then notwithstanding anything to the contrary contained in any judgement, decree or order of any court; or any other law for the time being in force, it shall be lawful for an officer specially empowered by the State Government in this behalf, to cancel such allotment and take possession of the land so allotted:

Provided that no order under this section shall be passed without affording an opportunity of being heard to the allottee of land in question.]

1. The savings section 5 added vide H.P. Act No.1 of 1987, effective from 28th July,

1973.

Where this provision sits

ActThe Himachal Pradesh Ceiling on Land Holdings Act, 1972
Section28
Marginal noteRepeal and savings
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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