Repeal and Saving

(1)(a) From the date of the commencement of the provisions of the second chapter, any reference to the Chief Town Planner in any enactment for the time being in force shall be construed as a reference to the Director. (b) From the date of constitution of a planning area, the following consequences shall ensue, namely:— (1) The Madhya Pradesh Town Planning Act, 1948 (No. 67 of 1948) shall stand repealed in such area; (2) Any land use map, draft development plan or development plan prepared under the said Act shall be deemed to have been prepared under this Act and all papers relating thereto shall be transferred to the Director. (c) From the date of the establishment of the Town and Country Development Authority for any area, the following consequences shall ensue in relation to that area, namely:— (1) The Madhya Pradesh Town Improvement Trust Act, 1960 (No. 14 of 1961) shall stand repealed in its application to the said area; (2) The Town Improvement Trust functioning within the jurisdiction of the Town and Country Development Authority so established shall stand dissolved and any Town Improvement Scheme prepared under the said Act, in so far as it is not inconsistent with the provisions of this Act, shall be deemed to have been prepared under this Act; (3) All assets and liabilities of the Town Improvement Trusts shall be the assets and liabilities of the Town and Country Development Authority constituted under section 38 in place of such Town Improvement Trust; (3-a) All grants and subscriptions payable to the Town Improvement Trust shall continue to be payable to the Town and Country Development Authority established under section 38 in place of such Town Improvement Trust; (4) All employees who were immediately before the aforesaid date in the service of, or under the control of, such Town Improvement Trust as are referred to in sub-clause (2) shall be deemed to be the employees of the Town and Country Development Authority established under section 38 for such area: Provided that the terms and conditions of service of such employees shall, until altered by the Town and Country Development Authority with the prior approval of the State Government, be the same: Provided further that no such approval under the foregoing provision shall be given by the State Government unless the person affected thereby (by the approval) has been given a reasonable opportunity of hearing; (5) All records and papers of the Town Improvement Trust referred to in sub-clause (2) shall vest in and be transferred to the Town and Country Development Authority established under section 38 in place of such Trust. (2) Notwithstanding the repeal of the Madhya Pradesh Town Improvement Trust Act, 1960 (No. 14 of 1961) (hereinafter referred to as the repealed Act) under sub-clause (1) of clause (c) of sub-section (1):— (a) all cases relating to the acquisition of land under section 71 of the repealed Act and compensation regarding the vesting of such land in the Town Improvement Trust, which are pending immediately before the date of such repeal before the Town Improvement Trust or the Tribunal or the court of the District Judge or the High Court, shall be disposed of and proceedings continued by: (1) the Town and Country Development Authority constituted under section 38 in place of such Town Improvement Trust; (2) the Tribunal to be constituted under section 73 of the repealed Act after the commencement of the Madhya Pradesh Nagar Tatha Gram Nivesh (Sanshodhan) Adhiniyam, 1979; (3) the court of the District Judge; (4) the High Court; as the case may be, in accordance with the provisions of the repealed Act as if this Act had not been passed; (b) The Town and Country Development Authority, the Tribunal, the court of the District Judge or the High Court, as the case may be, may proceed from the stage at which such cases were left at the time of the repeal for the purpose of carrying out the proceedings and disposing of them.