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Haryana act 007 of 1980 : Haryana Validation of Octroi and Surcharge Act, 1980

Preamble

1Haryana Validation of Octroi and Surcharge Act, 1980*

[Haryana Act No. 7 of 1980][11th April, 1980]
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Year No. Short title Whether repealed or otherwise affected by legislation
1980 7 The Haryana Validation of Octroi and Surcharge Act, 1980.

An Act to validate the imposition and collection of octroi and surcharge by the Municipal Committee, Yamuna Nagar in the district Ambala.

Be it enacted by the Legislature of the State of Haryana in the Thirty-first Year of the Republic of India as follows:-

1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 11th March, 1980, page 484.

* [Received the assent of the Governor of Haryana on the 11th April, 1980, and first published for general information in the Haryana Government Gazette (Extraordinary), Legislative Supplement Part I of 11th April, 1980]

Section 1. Short title

1. Short title.- This Act may be called the Haryana Validation of Octroi and Surcharge Act, 1980.

Section 2. Amendment of Octroi Schedule of Municipal Committee, Yamuna Nagar

2. Amendment of Octroi Schedule of Municipal Committee, Yamuna Nagar.- In the Octroi Schedule published with Punjab Government, Local Government Department, notification No. 3346-CI(4CI)-63/20357, dated the 30th May, 1963, issued in pursuance of the powers conferred by section 62 of the Punjab Municipal Act, 1911,-

(a) under the heading "LIST OF EXEMPTIONS FROM OCIROI", under the sub-heading, "(b) Miscellaneous Articles "for item 8 thereunder, the following item shall be substituted and shall be deemed to have been substituted with effect from the 1st day of July, 1975, namely:-

"8. Edible common salt used for human consumption.";

(b) under the heading "SCHEDULE", against serial number 61, under the column headed "DESCRIPTION OF ARTICLES", after the word "utensils", the words "common salt not used for human consumption" shall be inserted and shall be deemed to have been inserted with effect from the 1st day of July, 1975.

Section 3. Validation of imposition and collection of octroi and surcharge by Municipal Committee, Yamuna Nagar for certain period

3. Validation of imposition and collection of octroi and surcharge by Municipal Committee, Yamuna Nagar for certain period.- Notwithstanding anything contained in any judgment, decree or order of any court or authority to the contrary,

(a) the octroi imposed or collected or purporting to have been imposed or collected in pursuance of the erstwhile Punjab Government notification No. 3346-CI(4CI)-63/20357, dated the 30th May, 1063, as amended by this Act, shall, for all purposes be deemed to be, and to have always been, validly imposed or collected;

(b) the surcharge levied on octroi vide Haryana Government, Local Government Department, notifications No. 3679-2C(I)-73/12030, dated the 17th April, 1973, and No. 6850-2CI-75/29568, dated the 12th September, 1975, imposed or collected or purporting to have been imposed or collected in pursuance of the aforesaid notifications, shall, for all purposes, be deemed to be, and to have always been, validly imposed or collected;

and accordingly-

(a) all acts, proceedings or things done or taken by the Municipal Committee, Yamuna Nagar or by any of its officers, or servants, in connection with the imposition or collection of such octroi or surcharge shall, for all purposes, be deemed to be, and to have always been, done or taken in accordance with law;

(b) no suit or other proceedings shall be maintained or continued in any court or before any authority against the Municipal Committee, Yamuna Nagar, for the refund of any such octroi or surcharge so collected; and

(c) no court or authority shall enforce any decree or order directing the refund of any such octroi or surcharge so collected.