Karnataka Urban Development Authorities Act, 1987 Section 78 - Bare Act

Act Info:

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(1) On the issue of a notification under sub-section (1) of section 3 constituting an Urban Development Authority for any Urban Area the Karnataka Improvements Boards Act, 1976 (Karnataka Act 11 of 1976) or the City of Mysore Improvement Act, 1903 (Mysore Act III of 1903), as the case may be, shall cease to be applicable in such Urban Area.

(2) On such cessor, the Improvement Board ¹ [the Bagalkot Town Development Authority] or the City Improvement Trust Board, Mysore constituted under the said Acts for such Urban Areas shall stand dissolved.

(3) Subject to the provisions of sub-section (2), nothing in sub-section (1) shall affect,-

(a) the previous operation of the said enactments or anything done, or suffered thereunder ; or

(b) any right, privilege, application or liability, acquired, accrued or incurred in the said enactment ; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or

(d) any investigation, local proceeding or remedy in respect of such right, privilege, obligation, liability, forfeiture or punishment as aforesaid ; and any such investigations, 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 enacted.

(4) (a) Subject to the preceding provision, anything done or any action taken (including any appointment, or delegation made, tax or fee imposed, notification, order, instrument, or direction issued, rule, regulation, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected, in the said Acts shall be deemed to have been done or taken in the corresponding provisions of this Act and shall continue if enforced accordingly unless and until superseded by anything done or any action taken under this Act ;

(b) Every officer and servant of an Improvement Board,¹ [the Bagalkot Town Development Authority] and the City Improvement Trust Board, Mysore as the case may be, other than such class of servants as the Government may by order specify, shall become employees of the corresponding Urban Development Authority and shall, until other provisions are made, receive the salary and allowances and be subject to the conditions of service to which they were entitled immediately before the constitution of the Authority for the Urban Areas concerned;

(c) All assets and liabilities of and all contracts made by or on behalf of,-

(i) the Improvement Board;

(ii) 1 [the Bagalkot Town Development Authority]

(iii) the City Improvement Trust Board,

immediately before the date of constitution of an Authority for the Urban Area under this Act and subsisting on that date shall stand transferred to the concerned Urban Development Authority;

(d) Where a provident fund or superannuation fund or any other like fund has been established for the benefit of the employees of the Improvement Board *[the Bagalkot Town Development Authority] or the City Improvement Trust Board, Mysore, the moneys standing to the credit of any such fund on the date of commencement of this Act together with any other assets belonging to such fund shall stand transferred to and vest in the Government and the Government shall be liable to discharge the obligations of the Improvement Board,1 [the Bagalkot Town Development Authority] or the City Improvement Trust Board, Mysore, in respect of such fund;

(e) Any reference in any enactment made or any instrument to any provisions of any of the repealed enactment shall, unless a different intention appears, be construed as a reference to the corresponding provisions of this Act.

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1. These words are to be omitted when Act 12 of 1996 is brought into force.

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