IBC 243 — Repeal of certain enactments and savings

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)   The   Presidency   Towns   Insolvency Act, 1909 (3 of 1909) and the Provincial Insolvency Act, 1920 (5 of 1920) are hereby repealed.
(2) Notwithstanding the repeal under sub-sections (1),—
(i)   all   proceedings   pending   under   and   relating   to   the   Presidency   Towns   Insolvency
Act, 1909 (3  of  1909),  and  the  Provincial  Insolvency  Act  1920 (5  of  1920) immediately  before  the commencement  of  this  Code  shall  continue  to  be  governed  under  the  aforementioned  Acts  and  be heard  and  disposed  of  by  the  concerned  courts  or  tribunals,  as  if  the  aforementioned  Acts  have  not been repealed;
(ii) any order, rule, notification, regulation, appointment, conveyance, mortgage, deed, document or  agreement  made,  fee  directed,  resolution  passed,  direction  given,  proceeding  taken,  instrument executed or issued, or thing done under or in pursuance of any repealed enactment shall, if in force at the   commencement   of   this   Code,   continue   to   be   in   force,   and   shall   have   effect   as   if   the aforementioned Acts have not been repealed;
(iii)  anything  done  or  any  action  taken  or  purported  to  have  been  done  or  taken,  including  any rule, notification, inspection, order or notice made or issued or any appointment or declaration made

or  any  operation  undertaken  or  any  direction  given  or  any  proceeding  taken  or  any  penalty, punishment, forfeiture or fine imposed under the repealed enactments shall be deemed valid;
(iv) any principle or rule of law, or established jurisdiction, form or course of pleading, practice or  procedure  or  existing  usage,  custom,  privilege,  restriction  or  exemption  shall  not  be  affected, notwithstanding  that the  same  respectively  may  have  been in  any  manner  affirmed  or  recognised  or derived by, in, or from, the repealed enactments;
(v) any prosecution instituted under the repealed enactments and pending immediately before the commencement of this Code before any court or tribunal shall, subject to the provisions of this Code, continue to be heard and disposed of by the concerned court or tribunal;
(vi)  any  person  appointed  to  any  office  under  or  by  virtue  of  any  repealed  enactment  shall continue to hold such office until such time as may be prescribed; and (vii)  any  jurisdiction,  custom,  liability,  right,  title,  privilege,  restriction,  exemption,  usage, practice,  procedure  or  other  matter  or  thing  not  in  existence  or  in  force  shall  not  be  revised  or restored.
(3)  The  mention  of  particular  matters  in  sub-section  (2)  shall  not  be  held  to  prejudice  the  general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal of the repealed enactments or provisions of the enactments mentioned in the Schedule.

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