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Section 85: Repeal.

Maharashtra Public Trusts Act.State Act of Maharashtra · Act 29 of 1950

(1) The Religious Endowments Act, 1863 (XX of 1863), is hereby repealed.

(2) [On the date of the application of the provisions of this Act to any public trust or class of public trusts under sub-section (4) of section 1 [(hereafter in this section referred to as the said date)] the provisions of the Act specified in [Schedule A] which apply to such trust or class of trusts shall cease to apply to such trust or class of trusts.

(3) [Save as otherwise provided in this section such repeal] or cessation shall not in any way affect-

(a) any right, title, interest, obligation or liability already acquired, accrued or incurred before [the said date],

(b) any legal proceedings or remedy in respect of such right, title, interest, obligation or liability, or

(c) anything duly done or suffered before [the said date].

[(4) Notwithstanding anything contained in sub-section (5) all proceedings pending before any authority under the Mussalman Wakf Act, 1923 (XLII of 1923), (as amended by the Mussalman Wakf (Bombay Amendment) Act, 1935 (Bom. XVIII of 1935), the Bombay Public Trusts Registration Act, 1935 (Bom. XXV of 1935), or the Parsi Public Trusts Registration Act, 1936 (Bom. XXIII of 1936), immediately before the said date shall be transferred to the Charity Commissioner and any such proceedings shall be continued and disposed of by the Charity Commissioner or the Deputy or Assistant Charity Commissioner as the Charity Commissioner may direct. In disposing of such proceedings the Charity Commissioner, the Deputy Charity Commissioner or the Assistant Charity Commissioner, as the case may be, shall have and exercise the same powers which were vested in and exercised by the Court under the Mussalman Wakf Act, 1923 (XLII of 1923) (as amended by the Mussalman Wakf (Bombay Amendment) Act, 1935 (Bom. XVIII of 1935), and by the Registrars under the Bombay Public Trusts Registration Act, 1935 (Bom. XXV of 1935), and the Parsi Public Trusts Registration Act, 1936 (Bom. XXIII of 1936), and shall pass such orders as may be just or proper.

(5) All records maintained by the authority or Court under any of the Acts referred to in sub-section (4) shall be transferred to the Charity Commissioner or to the Deputy or Assistant Charity Commissioner as the Charity Commissioner may direct.]

Where this provision sits

ActMaharashtra Public Trusts Act.
Section85
Marginal noteRepeal.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Bom. 28 of 1953. These words were substituted for the words "On the application" by Bom. 28 of 1953, s. 18 (1)(a).
  • inserted, Bom. 28 of 1953. These brackets and words were inserted, by Bom. 28 of 1953, s. 18 (1)(b).
  • substituted, Bom. 14 of 1951. The words and letter were substituted for the words "the Schedule" by Bom. 14 of 1951, s. 17.
  • substituted, Bom. 28 of 1953. These words were substituted for the words "Such repeal" by Bom. 28 of 1953, s. 18 (2) (a).
  • substituted, Bom. 28 of 1953. These words were substituted for the words "the date of the application of this Act," by Bom. 28 of 1953, s. 18(2)(b).
  • substituted, Bom. 28 of 1953. These words were substituted for the words "the date of the application of this Act," by Bom. 28 of 1953, s. 18(2)(b).
  • added, Bom. 28 of 1953. Sub-sections (4) and (5) were added by Bom. 28 of 1953, s. 18 (3).

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