Section 1 Short title and commencement.
(1) This Act may be called the Destructive Insects and Pests(Amendment and Validation) Act, 1992.
(2) It shall be deemed to have come into force on the 27th day of October, 1989.
Section 2 Amendment of section 3 of Act 2 of 1914.
[Amendment of section 3 of Act 2 of 1914.]---Rep. by the Repealing and Amending Act, 2001(30 of 2001), s. 2 and Sch. (w.e.f. 3-9-2001).
Section 3 Validation.
(1) Notwithstanding any judgment, decree or order of any court, tribunal or otherauthority,--
(i) the notification No.S.O.867(E), dated the 27th October, 1989 issued under sub-section (1) ofthe section 3 of the principal Act, and
(ii) any fees levied or collected or purported to have been levied or collected for making anapplication for a permit to import, or for making inspection, fumigation, disinfection, disinfestation orsupervision of, any article or class of articles or any insect or class of insects under the principal Actor the said notification,shall, for all purposes, be deemed to be and to have always been validly issued or, as the case may be,levied or collected in accordance with the provisions of section 3 of the principal Act as amended by thisAct, and accordingly--
(a) no suit or other proceeding shall be maintained or continued in any court for the refund of anyfees so collected;
(b) no court or other authority shall enforce any decree or order directing the refund of any fees socollected;
(c) any fees levied or purported to have been levied but not collected, may be recovered under theprincipal Act as amended by this Act; and
(d) anything done or any action taken or purported to have been done or taken under or for thepurposes of the principal Act shall be deemed to have been validly done or taken in accordance withlaw as if the provisions of section 3 of the principal Act, as amended by this Act, had been in force atall material times.
(2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be construedas preventing any person--
(a) from questioning in accordance with the provisions of the principal Act, as amended by thisAct, or the notification issued under section 3 of the principal Act, the levy or collection of such fees;or
(b) from claiming refund of any fees paid by him in excess of the amount due from him under theprincipal Act, as amended by this Act, or the said notification.
Section 4 Repeal and saving.
(1) The Destructive Insects and Pests (Amendment and Validation)Ordinance, 1992 (Ord. 4 of 1992) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, asamended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, asamended by this Act.
PREMIUM OFFLINE ACCESS
Unlock More Sections Offline
Access complete schedules, rules, forms, and recent amendments offline anywhere, anytime. Carry India's entire Bare Act Library in your pocket.
Download Law4u App
Available on Android & iOS
No matching sections found.