Chapter XXVII REPEAL AND SAVINGS

Repeal and saving Repeal and saving.—

1. (1) With effect on and from the commencement of this Act the Kerala Municipalities Act, 1960 (14 of 1961), the Kerala Municipal Corporations Act, 1961 (30 of 1961), the Guruvayur Township Act, 1961 (43 of 1961), the Kerala Municipalities Ordinance, 1994 (2 of 1994) and the provisions of the Kerala Local Authorities (Constitution and Preparation of Electoral Rolls) Act, 1994 (4 of 1994), in so far as they relate to Municipalities, shall stand repealed.
2. (2) Notwithstanding such repeal-
   • (i) the committees in office at the commencement of this Act appointed by the Government to exercise the powers perform the functions of the municipal Councils; the Chairman of the Standing Committees under the Kerala Municipalities Act 1960 (14 of 1960) and the Collectors appointed by the Government to exercise the powers and perform the functions of the Councils, the Mayors and the Standing Committees under the Municipal Corporation Act, 1961 (30 of 1961) in office at such commencement and the Guruvayoor Township Committee constituted under the Guruvayoor Township Act, 1961 (43 of 1961) shall continue, as if it were the Municipal Councils or Corporation Councils or Township Committees constituted, respectively, under the said enactments, till corresponding Municipalities are constituted under this Act; or they are dissolved by the Government, whichever occurs earlier;
   • (ii) any appointment, rules, including rules in the Schedules to the repealed Acts, bye-laws, regulations or forms made, notifications, notice, order, scheme or direction issued, tax fee or fine or other penalty, imposed, licence, permission or exemption granted under the repealed enactments and in force at such commencement shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force as if made, issued, imposed or granted as the case may be by the corresponding Municipalities under the provisions of this Act until superseded, amended or modified by any appointment, rules, bye-laws or regulations, notifications, notice, order, scheme, direction, tax, fee, fine or other penalty, licence, permission or exemption, made, issued, imposed or granted as the case may be under this Act;
   • (iii) all properties whether movable or immovable, and all interests of whatever nature therein belonging as the case may be, to the Municipal Councils, Councils or a Township Committee at such commencement shall subject to all limitations conditions and rights or interest of whatever nature therein, belonging as the case may be, to the before such commencement, be deemed to have been transferred to and vested in the corresponding Municipalities constituted under this Act and in the case of such transfer to, and vesting in, more than one Municipality, to such extent as the Government may determine;
   • (iv) all rights, liabilities and obligations of the Municipal Councils, Councils and the Township Committee at such commencement shall be deemed to be the rights, the liabilities and the obligations of the corresponding Municipalities constituted under this Act;
   • (v) in all suits and legal proceedings pending at such commencement in which the Municipal Councils, the Council or the Township Committee is a party, the corresponding Municipalities constituted under this Act shall be deemed to have been substituted therefore;
   • (vi) all contracts entered into and all instruments executed by or on behalf of the Municipal Councils, Councils or the Township Committee at such commencement shall be deemed to have been entered into or executed by or on behalf of the corresponding Municipalities constituted under this Act;
   • (vii) any tax, cess, fee, fine, surcharge or any other amount due to the Municipal Councils, the Councils or the Township Committee at such commencement shall, without prejudice to any action already taken under the repealed enactments, be recoverable by the corresponding Municipalities constituted under this Act in accordance with the provisions therein as if they were due under the provisions of this Act;
   • (viii) the Municipal fund of the Municipal Councils and the Councils and the fund of the Township Committee, if any, at such commencement shall stand transferred to and vested in, the Municipal fund of the corresponding Municipalities constituted under this Act and in the case of such transfer to, and vesting in, more than one Municipality, in such proportion as the Government may determine;
   • (ix) all proceedings pending before the Municipal Councils, Councils or the Township Committee at such commencement shall be deemed to be proceedings pending before the corresponding Municipalities constituted under this Act and such Municipalities may, without prejudice to any action already taken under the repealed enactment continue such proceedings and dispose of the same in accordance with the provisions of this Act;
   • (x) budget estimates prepared or estimates, assessments, valuation or measurements, if any, made or authenticated by the Municipal Councils, the Councils and the Township Committee at such commencement shall be deemed to be prepared, made or authenticated by the corresponding Municipalities constituted under this Act;
   • (xi) the officers and other employees in the service of the Municipal Councils, the Councils and the Township Committee in office at such commencement shall be deemed to have been transferred to the services of the corresponding Municipalities constituted under this Act;
   • (xii) [x x x x]
   • (xiii) anything done or any action taken under the Kerala Local Authorities (Constitution and Preparation of Electoral Rolls) Act, 1994 (4 of 1944), in respect of any matter under this Act shall, on such commencement be deemed to have been done or taken under the relevant provisions of this Act.
   • (xiv) where a Municipal Council is constituted under the Kerala Local Authorities (Constitution and Preparation of Electoral Rolls) Act, 1994 (4 of 1944) for the territorial area comprising the existing Municipal area, the Special Officer, administrative committee or its Chairman appointed for the existing Municipal Council shall be deemed to have been appointed under this Act and such special officer, administrative committee or its Chairman may continue until their existing term of office expires or is terminated or till the Councillors of such Municipal Council elected under this Act assume office, whichever occurs earlier;
   • (xv) anything done or any action taken under the Kerala Municipalities Ordinance, 1994 (4 of 1994) shall be deemed to have been done or taken under this Act.
3. (3) For the removal of doubts, it is hereby clarified that the expression corresponding Municipalities in this section shall mean the Municipalities constituted under this Act in or inclusive of, the local area of the Municipal Councils, Councils or the Township Committee constituted under the repealed enactments.