Chapter 15 Chapter 15

निरसि

Repeal and savings —

1. (1) As from the date on which this Act comes into force, the Madhya Pradesh Panchayat Act, 1990 (No. 35 of 1990) shall stand repealed : Provided that the repeal shall not affect—
   • (a) the previous operation of any Act so repealed or anything duly done or suffered thereunder;
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed;
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed;
   • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, 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.
2. (2) Notwithstanding the repeal of the Madhya Pradesh Panchayat Act, 1990 (No. 35 of 1990), all Panchayats existing immediately before the commencement of this Act shall be deemed to be Panchayats constituted under this Act and shall continue to exercise their powers and perform their duties and functions until the expiry of their term or until they are reconstituted in accordance with the provisions of this Act.
3. (3) The rules, bye-laws, orders, notifications or any other instrument made or issued under the Panchayat Act so repealed shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force unless and until they are superseded by rules, bye-laws, orders, notifications or instruments made or issued under this Act.

Savings in respect of existing permanent employees —

1. (1) All persons who were permanent employees of the Panchayat immediately before the commencement of this Act shall continue to be the employees of the successor Panchayat on the same terms and conditions of service as were applicable to them before such commencement.
2. (2) The State Government may by order, make such provision as may be deemed to be necessary for the absorption, transfer or termination of the services of the employees referred to in sub-section (1), who are found to be in excess of the requirement or who cannot be absorbed in the service of the successor Panchayat.

Power to remove difficulties – If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty:

Provided that no such order shall be issued after the expiry of a period of two years from the commencement of this Act.