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Section 129: Repeal and savings

The Karnataka Prohibition Act, 1961State Act of Karnataka · Act 17 of 1962

(1) The enactments mentioned in. Schedule A are hereby repealed:

Provided that section 6 of the 1[Karnataka]1 General Clauses Act, 1899 1[Karnataka]1 Act III of 1899), shall, subject to sub-section (2), be applicable in respect of such repeal and section 8 and section 24 of the said Act shall be applicable as if the said enactments were enactments within the meaning of section 6, section 8 and section 24 of the said Act and had been repealed and re-enacted by this Act:

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

Provided further, but subject to the preceding proviso, any permit, pass, licence or authorisation made or issued under any of the repealed enactments shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until it expires or is superseded by anything done or any action taken under this Act.

(2) On the repeal of the Bombay Prohibition Act, 1949, in the 1[Belgaum area]1 of the 1[State of Karnataka]1 under sub-section (1), the Indian Opium Act, 2[1878]2 (Central Act I of 1878), as it was in force in the 1[Belgaum area]1 before the commencement of the Bombay Prohibition Act, 1949, shall revive and be in force in such area.

1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973 49

(3) From the date this Act comes into force in the other areas of the 1[State of Karnataka]1 under sub-section (4) of section 1, the enactments specified in Schedule B shall, to the extent they are in force in such areas, stand repealed:

Provided that such repeal shall not affect—

(a) the previous operation of any such enactment or anything duly done or suffered thereunder;

(b) any right, privilege, obligation or liability acquired, accrued, or incurred under such enactment;

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against such enactment;

(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

(e) the levy of any duty or fee and the recovery of any duty or fee leviable under any such enactment; and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture, or punishment may be imposed, and any such duty or fee may be levied or recovered, as if such enactment had not been repealed:

Provided further, but subject to the preceding proviso, any appointment, notification, notice, order, rule or form made or issued under any such enactment shall continue to be in force and deemed to have been made or issued under this Act, unless and until it is superseded by anything done or any action taken under this Act, notwithstanding the fact that the authority competent to make or issue such notification, notice, order, rule or form is different from that authorised in the enactment repealed and notwithstanding also that such notification, notice, order, rule or form was made or issued in a different form or name.

Where this provision sits

ActThe Karnataka Prohibition Act, 1961
Section129
Marginal noteRepeal and savings
JurisdictionState of Karnataka
StatusIn force as published by the source

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