MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
New Delhi, the 31st March, 1992/Chaitra 11, 1914 (Saka)
The following Act of Parliament received the assent of the President on the 31st March, 1992, and is hereby published for general information:THE DESTRUCTIVE INSECTS AND PESTS (AMENDMENT AND VALIDATION) ACT, 1992 NO.12 OF 1992 [31ST March, 1992.]
An Act further to amend the Destructive Insects and Pests Act, 1914
Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:
1. (i) This Act may be called the Destructive Insects and Pests (Amendment and Validation) Act, 1992.
(ii) It shall be deemed to have come into force on the 27th day of October, 1989.
2. In section 3 of
the Destructive Insects and Pests Act, 1914 (hereinafter referred to as the principal
Act), after sub-section (2), the following shall be inserted, namely:
3. (i) Notwithstanding any
judgement, decree or order of any court, tribunal or other authority:-
(a) no suit or other proceeding shall be maintained or continued in any court for the refund of any fees so collected;
(b) no court or other authority shall enforce any decree or order directing the refund of any fees so collected;
(c) any fees levied or purported to have been levied but not collected, may be recovered under the Principal 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 the purposes of the Principal Act shall be deemed to have been validly done or taken in accordance with law as if the provisions of section 3 of the Principal Act, as amended by this Act, had been in force at all material times.
(2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be constructed as preventing any person:-
(a) from questioning in accordance with the provisions of the Principal Act, as amended by this Act, 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 the Principal Act, as amended by this Act, or the said notification.
4. (1) The Destructive Insects
and Pests (Amendment and Validation) Ordinance, 1992 is hereby repealed.