GUJARAT PUBLIC MONEYS (RECOVERY OF DUES) (AMENDMENT AND VALIDATION) ACT, 1985
GUJARAT ACT NO. 4 of 1985.
(First published, after having received the assent of the Governor in the “Gujarat Government Gazette" on the 17th April 1985.)
An Act further to amend the Gujarat Public Moneys (Recovery of Dues) Act, 1970 and to validate certain recoveries made thereunder.
It is hereby enacted in the Thirty-sixth Year of Republic of India as follows:—
Short, title and commencement.
1. (1) This Act may be called the Gujarat Public Moneys (Recovery of Dues) (Amendment and Validation) Act, 1985.
(2) It shall be deemed to have come into force on the 9th January, 1985.
Amendment of section 2 of Guj. 17 of 1979.
Guj. 17 of 1979.
2. In the Gujarat Public Moneys (Recovery of Dues) Act, 1979 (hereinafter referred to as “the principal Act”) in section 2, after clause (a), the following clause shall be inserted, namely:-
“(ab) “Collector” includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act;”.
Validation of recovery of dues of public moneys under principal Act.
Bom. V of 1879.
3. Notwithstanding anything contained in any judgment, decree or order of any court or any other authority, the recovery of dues of public moneys under the principal Act and any proceedings or action taken or thing done or purported to have been taken or done for the purpose of recovery of such dues before the commencement of this Act by any revenue officer not being the Collector, by virtue of powers of the Collector conferred on such revenue officer by a notification issued under section 19 of the Bombay Land Revenue Code, 1879 to recover such dues under the principal Act shall for all purposes, be deemed to be and to have always been validly made or taken or done by such revenue officer as if, at all material times when such recovery was made or proceedings or action taken or thing done the principal Act as amended by this Act had been in force and such revenue officer had been appointed under clause (ab) of section 2 of the principal Act as so in force to perform the functions and exercise the powers of the Collector under the principal Act as so in force; and accordingly the validity of recovery of such dues or of any proceedings or action taken or thing done or purported to have been taken or done for the purpose of such recovery before the commencement of this Act, shall not be called in question merely on the ground that such revenue officer was not authorised to recover such dues or to take proceedings or actions or to do a thing for the purpose of such recovery.
Repeal and saving.
Guj. Ord. 2 of 1985.
4. (1) The Gujarat Public Moneys (Recovery of Dues) (Amendment and Validation) Ordinance, 1985 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. |
