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Section 46

Uttarakhand Special Area (Planned Development and Promotion of tourism) ActState Act of Uttarakhand · Act 16 of 2013

(1) Whenever in the opinion of the State Government the continued existence of any Authority constituted under this Act is unnecessary or undesirable, the State Government may, by notification, declare that such Authority shall be dissolved from such date as may be specified therein and the Authority shall stand dissolved accordingly.

(2) As from the said date-

(a) all properties, funds and dues which are vested in or realizable by the Authority, shall vest, in, or be realizable by, the State Government;

(b) all liabilities which are enforceable against the Authority shall be enforceable against the State Government, for the purpose of realizing properties, funds and dues referred to in clause (a), the function of the Authority shall be discharged by the State Government;

(c) all powers and functions to be exercised or discharges by the Authority under this Act or the rules framed thereunder shall be exercised or discharged by such person in the prescribed manner as may be appointed or designated by the State Government in this behalf.

Authentication of orders and documents

47. All permissions, orders, decisions. Notices and other documents of the Authority shall be authenticated by the signature of the Secretary to the Authority or any other officer authorized by the Authority in that behalf.

Bar of Jurisdiction

48. On and from the date of enforcement of this Act and establishment of an Authority under the Act, no civil court shall have, or be entitled to exercise, any jurisdiction, powers or authority in relation to matters specified in this Act.

Protection of action taken in good faith

49. No. suit, prosecution or other legal proceedings shall lie against the Authority, its members, officers exercising any of the powers under the Act for anything which is done or omitted to be done in good faith.

Power to make Regulations

50. The authority may with the previous approval of the State Government make such regulations as are required to be made under this Act or the rules framed thereunder and otherwise may subject to the provisions of this Act and rules made thereunder, make regulations generally to carry out the provisions of this Act.

Power to make Rules

51. The State Government may make rules for carrying out the provisions of this Act including for the matters like tourism, gaming, water sports and matters incidental to the provisions of this Act and every rule made under this Act shall be laid ,as soon as may be after it is made, before State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agree in making any modification in the rule or the House agree that rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to Remove difficulties

Where this provision sits

ActUttarakhand Special Area (Planned Development and Promotion of tourism) Act
Section46
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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