THE RAJASTHAN TRANSPORT AUTHORITIES (CONSTITUTION AND PROCEEDINGS) VALIDATING ACT, 1959
Act No. 39 of 1959
[Published in Rajasthan Gazette, Extraordinary, Part IV-A, dated September 19, 1959.]
[Received the assent of the President on the 16th day of September, 1959.]
An act to validate the constitution, proceedings and orders of the State Transport Authority and the Regional Transport Authorities constituted under section 44 of the Motor Vehicles Act, 1939 (Central Act 4 of 1939) for the State of Rajasthan in relation to the period commencing on the 16th day of February, 1957 and ending with the 29th day of May, 1959.
Be it enacted by the Rajasthan State Legislature in the Tenth Year of the Republic of India as follows:-
1. Short title. - This Act may be called the Rajasthan Transport Authorities (Constitution and Proceedings) Validating Act, 1959.
2. Validation of constitution etc. of Rajasthan Transport Authorities. - (1) Notwithstanding anything contained in any law for the time being in force or in any judgment, decree, decision or order of any court or tribunal or in any other instrument or document, and notwithstanding any defect or want of form, qualification, jurisdiction or authority,-
(a) the State Transport Authority and the Regional Transport, Authorities constituted or reconstituted for the State of Rajasthan under section 44 of the Motor Vehicles Act, 1939 (Central Act 4 of 1939), respectively by rules 76 and 77 of the Rajasthan Motor Vehicles Rules, 1951 or by any subsequent notifications of the State Government in that behalf, hereinafter referred to as the said Transport Authorities, shall in relation to the period commencing on the 16th day of February, 1957 and ending with the 29th day of May, 1959, hereinafter referred to as the said period, be deemed to have been duly and lawfully constituted or reconstituted, as the case may be, even though the chairman thereof did not possess the prescribed qualification of having had the requisite judicial experience, and
(b) in consequence thereof the Appellate Authority, constituted by rule 108 of the said Rules, hereinafter referred to as the said Appellate Authority, shall in relation to the said period be also deemed to have been duly and lawfully constituted.
(2) Notwithstanding as aforesaid all proceedings taken and orders passed by the said Transport Authorities or by the said Appellate Authority during the said period shall be deemed respectively to have been taken and passed as if the said Authorities had been duly constituted or reconstituted, as the case may be.
3. Repeal. - The Rajasthan Transport Authorities (Constitution Proceedings) Validating Ordinance, 1959 (Rajasthan Ordinance No. 3 of 1959) is hereby repealed.
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