The BIHAR FISH JALKAR MANAGEMENT ACT 2006
Bihar · state statute
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(Bihar Act 13, 2006)
THE BIHAR FISH JALKAR MANAGEMENT BILL – 2006
AN
ACT
to provide for provisions for settlement of Jalkars relating to the Department of
Animal Husbandry and Fisheries, Bihar, Patna.
Be it enacted by the legislature of the St ate of Bihar in the Fifty seventh year
of the Republic of India as follows :-
1. Short title, Extent and Commencement –
(i) This Act may be called The Bihar Fish Jalkar Management Act, 2006.
(ii) It shall extend to the whole of the State of Bihar.
(iii) It shall come into force with immediate effect.
2. Definitions :-
In this Act, unless the context otherwise requires :-
(i) “Disqualified Fishermen Co-operative Soci ety” means a Society which is found
disqualified by District Fisheries Officer.
(ii) “Applicant Fisherman” means a fisherman who has submitted an application to
the Society for the Settlement of Jalkars.
(iii)“Jalkar” means Tank, Pokhar, Ahar, Ri ver, water course channel, ‘Chaur’,
‘Dhav’, reservoir Lake, Ox-bow lake etc. under Department of Animal Husbandry
and Fisheries, Bihar, in which Makhana, Singhara & fish is reared.
(iv) “Water area” means total area of said Ja lkar recorded in the Revenue Khatiyan
record;
(v) “District Fisheries Officer” means District Fisheries Officer-cum-Chief Executive
Officer, Fish Farmers Development Agency notified by Government.
(vi) “Family” means husband-wife, minor son and unmarried daughter.
(vii) “Settlement Year” means a period from First July to 30
th June but for Singhara,
Makhana-cum-fish Jalkars, this period would be from 1st October to 30th September.
(viii) “Fishermen” means th e person who is a profession al fisherman engaged in
fishing and fish culture.
(ix) “Fishermen Co-operative Society” means a Fishermen Co-operative Society at
Block level registered under Bi har Co-operative Societies Act 1935 and Bihar
Self Supporting Co-operative Societies Act 1996 in which the members are only
Fisherman
(x) “Fishing Zone” means the water area in which fishing is possible.
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(xi) “Limited Bid” means bid in which only resident fishermen of a defined Block
may participate.
(xii) “Trained Fisherman” means fisherman trained by fisheries department.
(xiii) “Self Help Group” means a group of Fisherman.
(xiv) “Managing Committee” means the committee which is constituted, consisting
of following members :-
(a) Collector - Chairman
(b) Deputy Development Commissioner - Vice – Chairman
(c) Additional Collector - Member
(d) Deputy Director Fisheries (Range) - Member
(e) District Co-operative Officer - Member
(f) Local District Lead Bank Officer - Member
(g) A representative of a Fishermen - Member
Co-operative Society nominated
by Government
(h) A representative of active Fishermen - Member
nominated by the Government
(i) District Fisheries Officer - Member Secretary
(xv) “Reserve Deposit Fixation Committee” means a Committee in which there shall
be the following members :-
(a) Deputy Director, Fisheries (Range) - Chairman
(b) A representative of a Fishermen - Member
Co-operative Society nominated
by Government
(c) A representative of active Fishermen - Member
nominated by the Government
(d) District Fisheries Officer - Member Secretary
3. List of Jalkars and Classification :-
(i) Block wise list of all Jalkars under Fisheries Directorate shall be compiled in the
District Fisheries Office in which Panchayatwise, village-wise, name of Jalkars,
Khatiyani area, watershed area, production and reserve deposits are mentioned.
(ii) On the basis of water-shed area and production capacity of Jalkars, classification
of Jalkars in three categories – Fine, me dium and low-shall be made by District
Fisheries Officer.
4. Reserve Deposit :-
(i) The reserve jama fixation committee shall assess annual production capacity of
Jalkars after every five years evaluating the annual production data of all the
Jalkars, placed by the District Fisheries Officer, which shall not be less than the
production capacity of different type of Jalkars communicated every year, by
Director Fisheries.
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Provided that the Director, Fisheries shall have the right to order for re-
evaluation of the annual production capacity of any Jalkar before the period of
five years.
(ii) The Reserve Deposit Fixation Committee will fix the Government selling price of
different types of aqua- product, after ever y five years evaluating the data of the
market selling rate of different types of aqua-product placed by the District
Fisheries Officer.
(iii)Reserve deposit amount of all Jalkar s will be fixed by `Reserve Deposit Fixation
Committee’ on the basis of fi xed production capacity and selling price after five
years.
Provided that the annual reserve deposit amount of any Jalkar will not
be more than 15% or less than 10% of the value of its annual production.
(iv) The ‘Reserve Deposit Fixation Committee’ shall have the right to fix any
percentage, which is not more than five percent, for the annual enhancement of
Reserve Deposit amount. As per percentage fixed by the committee, fixation of
Reserve Deposit amount in next four years will be fixed by th e District Fisheries
Officer.
5. Settlement :-
(i) The short term settlement of Jalkars will be done for five settlement years after the
approval of competent authority as mentioned in sub-section (ii) of Section 7 of
this Act.
(ii) The long term settlement of Jalkars will be done for ten settlement years after the
approval of the Collector.
(iii)Not withstanding anything contrary contained in this Act, the Director Fisheries
with the prior approv al of Government, may settle such Jalkars which have been
developed or are being deve loped or have been taken decision to be developed
under any scheme of Government/Financial Institution/Bank for a maximum
period of ten settlement years, with Fishermen Co-operative Society.
6. Long Term Settlement :-
(i) A long term settlement of Jalkars of water area up to four hectares shall be done
only with trained fishermen/ or trained fishermen self help group selected by the
‘Managing Committee’ .The long term settlement may be done of only those
Jalkars which fulfill at least one of the following conditions :-
(a) The Jalkar which has been declared Part a or is in the process of being declared
Parta.
(b) The Jalkar which has an average depth of less than four feet deep between 15
th
December to 15 th January and there may be a po ssibility of perennial water
retaining capacity by increasing its depth.
(c) The Jalkar in which there is a possibility of increasing its water retaining
capacity by developing embankments.
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(d) The Jalkar in which there is a possibility of increasing its water retention
capacity upto 50% by making improvement in the water approach system of
the Jalkar.
(e) The Jalkar pertaining to which letter of consent is received from any financial
institution, Bank or Government for financial assistance for its proper
development.
(ii) The information of date and place for the Long Term settlement of selected
Jalkars shall be sent to the following by the registered post :
(a) All fishermen Co-operative Societies under whose area of operation the Jalkar
is situated.
(b) The Mukhia of the concerned Panchayat.
(c) The State Level Fishermen Co-operative Federation and
(d) The Block Development Officer, Circle Officer, Divisiona l Deputy Director
(Fisheries), Deputy Development Commissioner and Collector with a request
to display it on the notice board of their offices.
(iii) In the notice to be issued for settlement the name of Jalkar, full address, amount
of Reserve deposit and peri od of settlement shall be mentioned. This notice shall
be issued at least twenty one days before the date of settlement.
(iv) The beneficiaries shall be selected by the ‘Managing Committ ee’ at the rate of
one acre per fishermen member. A group leader will be nominated by the
‘Managing Committee’ in case more than one, beneficiaries are selected.
(v) For long term settlement, the District Fi sheries Officer shall receive applications
only from those trained fishermen who are residents of the same Block in which
the Jalkar is situated. If th ere are more than one trained applicant, the Jalkar shall
be settled with fisherman or group of fish ermen whose residence is nearest to the
Jalkar.
(vi) After settlement the Collector will create charge on the Jalkar for obtaining loan.
(vii) The settlement with the beneficiaries shall be made with the following terms :-
(a) It shall be compulsory to execute th e registered agreement, within one month
of the issue of the settle ment order. Expenses incurred on registration shall be
borne by the beneficiaries.
(b) It shall be compulsory to deposit th e total amount of reserve deposit of one
year within 15 days of the issue of sanction order of the settlement. During the
period of settlement, the total amount of reserve deposit of every year shall be
deposited prior to 15
th July.
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(c) It will be compulsory for the beneficiary to develop the Jalkar within 2 years
from the date of issue of the settlement order.
(d) In case of violation of any of the terms of settleme nt by the beneficiaries, the
Collector may cancel the settlement but the beneficiary shall be given an
opportunity to be heard before taking such a decision.
7. Short Term Settlement :-
(i) Excluding the Jalkars selected for Long Term Settlement, Short Term Settlement
of all other Jalkars shall be made on the Reserve Deposit amount with the non-
defaulter Fishermen Co-operative Societies operating within the geographical area
of the Block or to the members of disqualified Fishermen Co-operative Societies.
(ii) The competent authority for the approval of short term settlement of the Jalkar,
shall be the following :-
(a) The District Fisheries Officer for the Jalkars of Annual Reserve Deposit up to
five thousand.
(b) The Deputy Director of the range for all the Jalkars of Annual Reserve
Deposit more than Rupees five thousand and up to twenty thousands.
(c) The Director Fisheries for all the Jalkars of Annual Reserve Deposit more
than twenty thousands and up to one lakh rupees.
(d) Settlement of all the Jalkars of Annual reserve deposit more than one lakh
rupees shall be approved by the state government.
Provided that the State Governme nt shall have the power to re-
determine the above limit of prescribed amounts after an interval of every
five years by notification published in the official Gazette.
(iii) It will be compulsory for the Fishermen Co-operative Societies to enclose
following documents with their application to the District Fisheries Officer for
settlement of Jalkars.
(a) A proof relating to the payment of cu rrent year audit f ee and Audit report
of the previous two years, issued by the co-operative department.
(b) A certificate of last election and a pr oof regarding area of operation of the
society.
(c) A proceeding of Annual General Meeting of the preceding year in which
there should be a clear description of settlement made with members by
the society.
(d) With the approval of the Managing Committee of the society, a village
wise and Panchayat wise list of Ja lkars along with the names of the
applicant fishermen member/members with whom the settlement is
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proposed. If the settlement of any Jalk ar is proposed with more than one
member, then the name of the group leader.
(iv) For ensuring the settlement, the District Fisheries Officer shall send a notice
Block wise with information of date, place future settlement and proportion of
Jalkars in their share to all concerned fishermen Co-operative societies by
registered post before 31st March. The copy of this information shall be given to
the Collector, Deputy Development Commissioner, Additional Collector,
Concerned Sub-divisional Officers, Circle Officers, Block Development Officers,
Pramukh of Panchayat Samiti with a request to display it on the Notice Board of
their offices. For Singhara & Makhana-cum- fish Jalkars this notice shall be sent
before 30th June.
(v) It shall be compulsory for Fishermen Co-operative Societies to submit their
applications in the office of District Fish eries Officer with all enclosures before
30th April for short term settlement. But in special circumstances, for reasons to
be recorded in writing, the Collector may give a direc tion to District Fisheries
Officer to receive applica tion from the society by 31 st May. The last date of
submitting application for the settleme nt of Singhara & Makhana-cum-fish
jalkar, shall be 31 st July. In special circumstances, for reasons to be recorded in
writing the collector may give direction to District Fisheries Officers to receive
application from the society by 31
st August.
(vi) Applications with all relevant documents shall be examined by the District
Fisheries Officer within 15 days from the da te of receipt of these applications. If
an application is found defective, an info rmation through registered post shall be
sent by the District Fisheries Officer gi ving 15 days time to concerned societies
for correction of defects. If no informati on in respect of defects is given to the
society by the end of four weeks from the date of receipt of the application, it will
be deemed that the society is competent to get settlement.
(vii) If the original or corrected application submitted by the society for settlement is
found free from defect, the order for settlement of Jalkars shall be issued to
society by the District Fisheries Officer before 15th June. After 15
th June, but
such order, can be issued only with the prior approval of Collector Order for
settlement for Singhara & Makhana-cum-fish Jalkar, may be issued by the
District Fisheries Officer before 15
th September but after 15th September, such
order may be issued only with the prior approval of collector.
(viii) If more than one Fishermen Co-operative Societies are eligible for settlement
of Jalkars in a Block, then settlement of Jalkars shall be made among them in
proportion of the number of all classes of Jalkars and the number of the
members of them.
(ix) The share of the Jalkars of disqualified societies of a block shall be settled for
five years by limited bid with the non – defaulter members of that society
residing in the same block where the Jalkar is situated. But only one Jalkar shall
be settled with one person.
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(x) Even if the jalkar is not settled after two attempts by a limited bid then it shall be
settled by open bid according to provision laid down in section – 8.
(xi) Reserved Deposit Jalkars of more than fifteen thousand rupees shall be done by
limited/open bid for five years under the Chairmanship of the Deputy Director
Fisheries of the Range.
(xii) The settlement shall be made on the following conditions :-
(a) If sum total of Reserve deposit of sett led Jalkars is less than twenty thousand
rupees, the total amount shall be deposite d in one installment within twenty
one days of settlement.
(b) If sum total of Reserve deposit of settled Jalkars is more than twenty
thousand rupees, 50% of the total Reserve deposit amount or twenty thousand
rupees which ever is more shall be de posited within twenty one days of the
settlement and second installment shall be deposited before 31
st January but
for Singhara & Makhana-cum-fish Jalkar, 2 nd installment shall be deposited
before 31st March.
Provided that facility of paym ent of total Reserve deposit
amount in two installments shall be give n only to those so cieties which have
also given the facility of payment of to tal amount in two in stallments to their
members .
(c) If the amount is not deposited by the fixed date, the District Fisheries Officer
shall immediately issue show cause notice to the society and after 15 days of
the show cause shall cancel the settlement. If the settlement is cancelled these
Jalkars shall be settled with the members of the society as per the provision of
sub section (9) of section 7 of this Act.
(d) The amount of Reserve deposit fixed fo r settlement of Jalkars with members
by societies shall not be more than 15 % of the amount of Government
reserve deposit.
(e) Within twenty one days of settlement , the society shall make available to the
District Fisheries Officer, Parwana i ssued along with a village-wise and
panchayatwise list of amount received for settlement from its fisherman /
fishermen members. Issuance of a provisional parwana shall be prohibited.
Provided that if the settlement is in contravention of the
provisions of section 10 of this act, the Parwana shall be issued only after due
correction of that settlement of that particular Jalkar as per provision of
section 10.
(f) It will be the responsibility of the Di strict Fisheries Officer to enter into a
registered agreement with the society within two weeks of issuing Parwana.
Provided that after lapse of the said period, order for executing
agreement may be given by Collector after obtaining explanation. In a
situation where agreement is not execut ed in the extended period, settlement
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may be cancelled by District Fisheries O fficer after the approval of Collector
and after asking show cause from th e society. Expenses incurred on
registration shall be borne by society.
(g) The Reserve Deposit amount shall be deposited after incorp orating the annual
percentage increase in the Reserve Deposit Amount as recommended by the
‘Reserve Deposit Fixation Committee’.
(h) On the demand of District Fisheries Officer and his senior Departmental
officers, the Society will make availabl e for inspection of records / Register /
papers concerning with distribution of Jalkars.
(i) In case of violation of the terms of settlement, the District Fisheries Officer
may cancel the settlement with prior approval of the Collector. But, before
obtaining the approval of the Collector the society shall be given an
opportunity to defend its case and to take corrective steps.
(j) If society refuses to take settlement of a particular Jalkar or all Jalkars before
the expiry of the current settlement period and en close a resolution of its
managing committee with its application then settlement of this / these
Jalkars shall be cancelled for the next financial year and settled by limited bid
for the valid period of reserve jama as per procedure laid down in section 8.
8. Settlement of Jalkars by Limited Bid :-
(i) The information of date and place of bid of Jalkars shall be sent to the following
by registered post :-
(a) Ineligible Fishermen Cooperative Society, where limited bid is proposed
among its members.
(b) Mukhiya of concerned panchayat.
(c) Pramukh of Panchyat Samiti.
(d) Ex-settlee or Group leader.
(e) Block Development Officer, Circle Officer, Divisional Deputy Director
(Fisheries), Deputy Development Commissioner and Collector with a request to
display it on the notice board of their offices.
(ii) The bid notice shall contain the name of the Jalkar, full address, ‘rakba’ (area),
amount of Reserve Deposit, period of settlement and the minimum number of
members with whom settlement shall be made. This notice shall be issued at least
twenty one days before the date of the bid.
(iii) Only person/persons, who deposit the full amount of Reserve Deposit as security
before the bid, shall take part in the bid.
(iv) If the highest bidder fails to deposit the prescribed amount within two working
days, the second highest bidder shall be given an opportunity to take settlement
and the amount of security of the highest bidder shall be forfeited.
(v) If the second highest bidder fails to deposit his bid amount within the next two
working days, then his amount of security shall also be forfeited and an
opportunity will be given serially to the last highest bidder to take settlement as
prescribed above .
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(vi) After deposit of prescribed bid amount, offer money shall not be considered
under any circumstance.
(vii) Parwana for fishing shall be issued to the bidder within a week of deposit of
prescribed bid amount.
(viii) Registered agreement shall be executed within one month of issue of Parwana.
Expenses incurred on registration shall be borne by the settlee.
9. Settlement of Jalkars at a time :-
(i) The short term settlement of all Jalkars situated in a Block shall be done together
in the same settlement year for five years.
(ii) After completion of the earlier period of settlement, the Jalkars settled before the
date of enactment of the Act, will be settled for the remaining period of first lot of
Jalkars settled in the Block after the enactment of this Act.
(iii) If the settlement of Jalkar / Jalkars is cancelled before the completion of the
period of five years, then its settlement shall be done again within two months for
the remaining period of five years.
10. Distribution of Jalkars :-
(i) Before submitting an application for settlement of Jalkars, the society shall enlist
all the applications of its members willing to take settlement of Jalkars. The name
of Jalkars, members along with their villages and panchayats should be
mentioned in the applications received.
(ii) After consideration of the enlisted applications by the Managing Committee of
the Society, a list of proposed distribution of Jalkars among its members shall be
prepared considering the following points :-
(a) Generally distribution of Jalkar will be proposed among members of the
village in which the Jalkar is situate d. If members in desired number are not
available in that village then the dist ribution of Jalkar may be proposed with
the members of nearest village or other villages of the Panchayat. Even after
this, member in desired number are not available, then distribution of Jalkars
may be proposed among members of the neighbouring Panchayats.
(b) As far as possible, the distribution of Jalkars shall be made to a group of
members. Chairman / Secretary of the society will select a group leader after
calling a meeting of members of the group and information will be given to
all members of their rights and share.
(c) While preparing a proposal for distribution of Jalkar with a group the number
of members shall be fixed keeping a mind the reserve deposit and water area
of Jalkars.
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11. Declaration of Parta :- Site inspection report will be placed before the Reserve Deposit
Fixation Committee by District Fisheries Officer, if the Jalkar remains unsettled after two
limited bids. After considering the facts mentioned in the report this committee shall refix
their reserve deposit amount or shall decl are them temporarily parta and may make
recommendation to the Managing Committee for long term settlement.
12. Claims of Reschedulement /Remission :-
(i) Claim for Reschedulement / Remission may be made only in the case of damage
by natural calamity such as earthquake, flood, drought or fish epidemic. Claim of
remission will not be admissible for damage caused by other reasons.
(ii) Application for claim of remission/ reschedulement by Society will be received
in the office of the District Fisheries Officer within two months of occurrence of
natural calamity. Along with the application, a copy of the proceeding of meeting
of the managing committee of the society shall be enclosed, in which member
wise amount of proposed reschedulement /remission is clearly mentioned.
(iii) The managing committee may consider the claim of reschedulement/remission
only after receipt of concerned certificate of natural calamity by Collector
and / or fish epidemic certificate by Divisional Deputy Director (Fisheries).
(iv) The amount of remission will not be more than the amount of the next
installment and the period of reschedulement will not be more than the
remaining period of settlement. Drawing of water from tanks, reservoirs and
mauns for irrigation shall be prohibited. District Fisheries Officer may order for
drawing of water for irrigation when the water level is minimum average five
feets in these jalkars.
(v) The society shall not be deemed to be a debtor till the final decision of the
government on the claim of legal remission.
(vi) Drawing of water from tanks, reservoirs and mauns for irrigation shall be
prohibited. District Fisheries Officer may order for drawing of water for
irrigation when the water level is minimum average five feets in these jalkars.
13. Fishing Prohibition :-
(i) Fishing in rivers shall be prohibited from 15
th June to 15th August.
(ii) Fishing net or Gill net with less than 4 cm. Mesh size shall be prohibited in
rivers.
(iii) Fishing of fingerlings of culturable fishes of any species shall be prohibited.
(iv) Putting of fence or any obstruction restricting the movement of fish shall be
prohibited in rivers and reservoir.
(v) Use of dynamite or explosives, poison and poisonous chemicals for fishing shall
be prohibited.
14. Appeal and Revision :-
(i) An appeal against all decisions regarding short term settlement taken by District
Fisheries Officer and Deputy Director may be filed before the Director Fisheries.
(ii) An appeal against of all decisions taken by Collector and Director Fisheries
may be filed in the Court of Departmental Commissioner.
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(iii) An appeal against all decisions regarding short term settlement taken by the
government may be filed in the court of Member, Board of Revenue.
(iv) Appeal may be filed within thirty days from the date of the original order.
The appeal shall be disposed of within two months essentially after giving an
opportunity of hearing to the parties concerned under the process fixed by the
government.
In the disposal of appeal, no interi m order / stay order shall be passed.
No investment shall be made in the disputed Jalkars by any party in the period
of an appeal .
15. Power to make Rules :- The State Government may by notification, make Rules for
implementation of all or any of the provisions of this Act.
16. Bar of Jurisdiction of Court :- Save in so far as expressly provided in this Act, no
Civil or Revenue Court shall have any juri sdiction in respect of dispute concerning
settlement of Jalkars.
17. Offences and Penalties :-
(i) It shall be an offence under this Act if –
(a) Any officer or member of a Fishermen Co-operative Society, having obtained
settlement of Jalkars, intentionally neglects or refuses to do any act required to
be done or to furnish any information required to be furnished by this Act.
(b) Any officer or member of any Fish ermen Cooperative Society, having
obtained settlement of Jalkars, willfully makes a false return or furnishes false
information.
(c) Any officer or member of any Fisherme n co-operative society sublets Jalkars
to non- fisherman or gives fishing ri ghts to non-fisherman by unauthorized
sale.
(d) Intentional water pollution encroachment in Jalkars, disfiguration of structure
of Jalkars and
(e) In spite of direction given by any Gazet ted officer of Directorate, if the
Secretary or member of a fishermen co-operative society fails to hand over or
refuses to hand over or escapes to hand over the required records /Register.
(ii) Any person who shall commit offenses under sub-section (i) and (v) of Section
13 and sub-section (i) of this section, shall be punishable with the imprisonment
up to six months or a fine of Rs. 500 or with both. Such offence shall be
cognizable.
18. Cognizance of offence :-
(i) No court inferior to that of a Magistrate of the Second Class shall try any offence
under this Act.
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(ii) Any legal proceeding for prosecution for an offence committed under this Act
may not be initiated without the previous sanction of the Director Fisheries, and
he shall give the person a reasonable opportunity of being heard before giving
sanction of prosecution.
19. Removal of difficulty :-
(i) If any practical difficulty arises in implementation of the provisions of this Act
the State Government may, as occasion may require, by notification published in
official Gazette, do anything which is not inconsistent with the provisions of this
Act for the purpose of removing the difficulty.
(ii) If any doubt arises in context of constitution or interpretation of the provisions
of this Act then it may be reffered to State Government for decision.
20. Repeal and Savings
(i) All departmental rules / orders / circulars concerned with settlement of
Jalkars management and appeal which are contrary to provisions of this Act are
hereby repealed.
(ii) Notwithstanding anything contrary in any other law, Act, ordinance or any
rules, regulation, circulars being into for ce for the time being; this act shall have
overriding. Anything done or any action taken before the commencement of this Act,
shall be deemed to be done or action taken under this Act as if it were into force for
the time being.
F Jalkar Management (Renew – 2006) Bill (18.03.06)