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9 . t. No. 35364-381-XX-A(D1.).-In puisuane ol lause (3) ot Arde iH Korala Upkar (Manyata-karan) Adhiniyam, 1g64 (18 of 1g64) is herchy pnublishc/ under the authority of the Governor. ihe Constitution Short title, Bhopal, the 25th September 1gf4. Definitions. of India. By order and in the name of the Governor of Madhya Pradesh. the English translation of the Madhya Pradech rH: MADHYA PRADESH KOYALA UPKAR (MANYATA. KARAN) ADHINIYAM, 1964. rReceived the assent of the Governor on the 22nd September, 1964; assent first published in the "Madhya Pradesh Gazette"" Extraordinary, on the 25th September, 1964.]
1. An Act to validate the imposition and collection of cess Coal by certain local authorities.
2. MADHYA PRADESH ACT R. G. TRIVEDI, Secy. No. 18 of 1964. BE it enacted by the Madhya Pradesh Legislature in the Fifteenth year of the Republic of India as follows;-
(a) This Act may be called the Madhya Pradesh Koyala Upkar (Manyata-karan) Adhiniyam, 1964). () In this Act unless the context otherwise requires, "Board" as On Mining the Independent meanS Board, Chhindwara, constituted under the Central Provinces Local Self Government Act, 1920 (1V of Janapada 1920), and its successor body, Sabha, Chhindwara, constituted under the Central Provinces and Berar Local Government Act, 1948 (XXXVIII of 1948); the Local
(b) "Cess" meang a cess imposed by the Independent Mining Local Board, Chhindwara, or its successor body, on coal, coal dust or coke, from time to tine, the case may be, produced or manufactured at the mines, sold for export outside the State, or sold otherwise than for export by rail within the territorial jurisdiction of the said Board; the Central Provinces Local Self means "Enactnent" Government Act, 1020 (IV of 1920), or the Central Provinces and Berar LocaB Government Act, 1948 (No. XXXVIII of 1048), as the çase may be, and rules made thereunder. Nowithstanding anvthing containcd in any judge Validation of im of any detec oT order Court. ceSSes inposed. assesserd or purported to have been imposed, assessed or collet Boatd un pursuance of the notifications notices spei Ad in the Schedule shall, for all purposes. be deemed to be. alwats bcen, validly imposed, aSSCSsed or colleted it the cnacent under which they were so issued stood at all material times so as to empower the Board to sid 0titications/ notices and accordingly:- acts. proceedings or things done or taken by the Board or by any oficer of the Board in conne tion with the imposition assess1nent or collection of such cess shall, for all purposes, be deeued io be and to have always been done or taken in ac cordance with law: iuposed or assessed in pursuance of ihe said notifications /notices before the 20th dav of Mas, 19g64 but not collected before such date may be recovered (after asse ssment of the cess where necessarv) in the manner provided therefor: ) no suit or other proceeding shall be maintained or Continued in any Cour against the Board or a person or authority whatsover for the refund of any cess so paid;
(d) no Court shall enforce any decree or order directing the refund of any cess so paid.
(2) For he remoral of doubts, it is hereby decarcd that nothing in sub-section (1) shall be construed as preventing any person
(a) fro1 questioning in accordance with the provisions of the enact1nent, the assessment of such cess fer any period.
(b) for laiming refund of the cess paid bv him in excess of the amoun due from hin under tie enactnient. provisions of the relevant law for the time being in force. itio n fnent and coilec ton of cess othing in this Act shall be construed so as to debar Board not debar tea rom varying the rate of cess in accordance with the red from Adhvadesh. ig64 (5 of 1964) is hereby repe aled. rate. I he Madhya Pradesh Kovala Upkar (Manyatakaran) Repeal. varving Schedule (Sre stion 9
2. Notification. dated the 22nd December 1943. i54ued nder dausc (b) of rule 6 of the Rules made under clause (*vi, of subsection
(1) ) of section 79 of the Central Provinces and Berar Local Sclf Governmcnt Act, 1g20 (1V of 1920), and pub lished in Parr |L of the "Central Provinces and Berar Gaette' dated the 10th March 1944- at page 866, under the signature of Shri S. N. Lokras. Hony. Secretary, I.M.L.B. Notification, dated the 29th July 1946 issued under dause
(b) of rule 6 of the rules made under clause (xvi) of subction (1) of section 79 of the Central Provinces and Berar Local Self Government Act, 1920 (V of 1920), and published in Part III of the "Central Provinces and Berar Gazette", dated the 1ith October 1946, at page 35o. under the signature of Shri S. N. Lokras, Hony. Secretary, I.M.L.B.
3. Notification No. 204-A, dateed the 1gth July 1947 published in Part III of the "Central Provinces and Berar Gazette'". dated the 25th July 1947, at page 4o6, under the signature of Shri S. N. Lokras, Hony. Secretary, I.M.L.B. { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false } { "type": "Document", "isBackSide": false }