284. Repeal and Savings

  1. In this section unless the context otherwise requires -
    1. ‘appointment day’ means the date of coming into force of this Act;
    2. ‘an existing panchayat’ means a Panchayat constituted or deemed to have been constituted under the Kerala Panchayat Act, 1960 (32 of 1960) and existing immediately before the appointed day, and where any such panchayats has been first constituted or reconstituted or dissolved includes the special officer or administrative committee and its President appointed to exercise the powers or to perform the functions of such Panchayats;
    3. ‘district council’ means a district council constituted under section 3 of the Kerala District Administration Act, 1979 (7 of 1980) and existing immediately before the appointed day;
    4. ‘The successor panchayat’ means a village Panchayat constituted under this Act, for such village as corresponds to the respective local area of the existing panchayat.
  2. With effect on and from the appointed day the Kerala Panchayats Act, 1960 (32 of 1960), the Kerala District Administration Act, 1979 (7 of 1980) and also the provisions relating to Panchayats contained in the Kerala Local Authorities (Constitution and Preparation of Electoral Rolls) Act, 1994 (4 of 1994) shall stand repealed and the following consequences shall ensue, that is to say, -
    1. all property, movable and immovable, and all interests of whatsoever kind therein, which vested in an existing Panchayat or, as the case may be, vested in a district council immediately before the appointed day, shall be deemed to be transferred to and shall vest in the successor Panchayat or as the case may be, in the Government subject to all limitations, conditions and rights or interests of any person, body or authority in force of subsisting immediately before the appointed day;
    2. all rights, liabilities and obligations of an existing Panchayat or as the case may be, a district council shall be deemed to be the rights, or liabilities and obligations of the success Panchayat or as the case may be, of the Government;
    3. any function, scheme project or plan or work transferred to, an existing Panchayat, or to, a district council under the Kerala Panchayat Act, 1960 or as the case may be under the Kerala District Administration Act, 1979 or under any other law or order shall be deemed to have been transferred to the successor panchayat or as the case may be to the Government under this Act;
    4. all sums due to an existing Panchayat, whether on account of any tax, cess, fee, surcharge or otherwise, shall be recoverable by the successor Panchayat, and for the purposes of such recovery the successor Panchayat shall be competent to take any measure or institute any proceedings which it would have been open to an existing panchayat, or any authority thereof to take or institute before the appointed day;
    5. the unexpended balance in the Panchayat Fund constituted under the Kerala Panchayats Act, 1960 and all sums due to an existing panchayat or the unexpended balance in the district council fund constituted under the Kerala District Administration Act, 1979 and all sums due to a district council, shall form part of, and be paid into the respective village panchayat fund constituted under this Act or, as the case may be, paid to the Government;
    6. all the contracts made with; and all instruments executed by or on behalf of an existing panchayat or on behalf of a district council shall be deemed to have been made with or executed by or on behalf of the successor Panchayat or as the case may be, on behalf of the Government, and shall have effect accordingly;
    7. all proceedings and matters pending before the existing Panchayat or any authority of an existing panchayats under the Kerala Panchayats Act, 1960 or pending before the district council or any authorities of a district council under the Kerala District Administration Act, 1979 immediately before the appointed day, shall be deemed to have been instituted and to be pending before the successor Panchayat or such authority as the successor Panchayats may direct as the case may be, before the Government or such authority as the Government may direct ;
    8. in all suits and legal proceedings pending on the appointed day in or to which an existing Panchayats or the district council is a party the successor Panchayat or, as the case may be the Government shall be deemed to be substituted therefore;
    9. any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law, regulation or form made, issued, imposed or granted in respect of the Panchayat area of existing Panchayat under the Kerala Panchayats Act, 1960 and in force immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act continue to be in force as if made; issued, imposed or granted in respect of the corresponding Panchayats area of a successor panchayat under this Act until superseded or modified by any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law, regulation or form made, issued imposed, or granted under this Act ;
    10. all budget estimates; assessments, assessment list, valuation or measurements made or authenticated by or in respect of an existing panchayat under the Kerala Panchayats Act, 1960 and inforce immediately before the appointed day shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made or authenticated by the successor Panchayat.
    11. all officers and employees in the employment of an existing Panchayat immediately before the appointed day, shall, subject to the provisions of this Act be deemed to be transferred to service of the successor Panchayats;
    12. all officers and employees in the employment of a district council immediately before the appointed day shall be transferred to the concerned department of the Government by general or special order issued by the Government in this behalf;
    13. any reference to a district council or secretary to district council contained in any enactments mentioned in section 102 of the Kerala District Administration Act, 1979 and in force on the appointed day shall be deemed to be a reference to a District Panchayat constituted under this Act or, as the case may be the executive officer of the District Panchayat; and
    14. any thing done or any action taken under the Kerala Local Authorities (Constitution and Preparation of Electoral Roles) Act, 1994 (4 of 1994) in respect of a Panchayat shall be deemed to have been done or taken under the corresponding provisions of this Act as if this act had commenced on and from the 1st day of November, 1993.
    15. with regard to the Village Panchayat constituted under the Kerala Local Authorities (Constitution and Preparation of Electoral Roles) Act, 1994 for a village or villages which include the territories of an existing panchayat, the Special Officer or Administrative Committee or its President shall be deemed to have been appointed under this Act and such Special Officer or Administrative Committee shall continue in office until the expiry of their existing term or until the elected members of such Village Panchayats assume office under this Act, whichever is earlier.