Preamble
*Orissa Irrigation (Validation) Act, 1992**
| [Orissa Act No. 21 of 1992] | [2nd May, 1992] |
An Act to Validate the Orissa Irrigation (Amendment) Rules, 1979 and Certain Things Done, Actions Taken Including Collection of Water Rates Madh Pursuant to Amendments Made by the Said Rules.
Be it enacted by the Legislature of the State of Orissa in the Forty-third Year of the Republic of India as follows:-
Section 1. Short title
1. Short title.- This Act may be called the Orissa Irrigation (Validation) Act, 1992.
Section 2. Amendment of section 53
2. Amendment of section 53.- In the Orissa Irrigation Act, 1959 (Orissa Act 14 of 1959) (hereinafter referred to as the principal Act), in section 53, for sub-section (3) excluding the proviso thereto, the following shall be deemed to have been substituted and in force, notwithstanding anything to the contrary in sub-section (1) of section 24-A of the Orissa General Clauses Act, 1937, (Orissa Act 1 of 1937) during the period between the 12th of September, 1979 and the 27th day of September, 1979 (both the days inclusive), namely;-
"(3) All rules made under this section shall be laid before the Legislative Assembly as soon as possible, after they are made for a total period of eleven days which may be comprised in one or more sessions and shall be subject to such modifications as the Assembly may make during the said period:".
Section 3. Validation
3. Validation.- (1) Notwithstanding anything contained in the principal Act or any judgement, decree or order of any court,-
(i) the Orissa Irrigation (Amendment) Roles 1979 (hereinafter referred to as the amendment rules) made under section 53 of the principal Act and published under the notification of the Government of Orissa in the Revenue Department No. 43512-R., dated the 8th June, 1979 in the Extraordinary issue No. 1243, dated the 12th Jane, 1979 of the Orissa Gazette shall be deemed to have been validly made as if sub-section (3) of section 53 of the principal Act as amended by section 2 of this Act were in force at all material times when the amendment rules were laid before the Legislative Assembly; and
(ii) all actions taken, things done or purported to have been taken or done and the compulsory Basic Water rate and Water rates realised pursuant to amendments made by the amendment rules shall be deemed to have been validly taken, done or realised, as the case may be,
and no suit or other proceeding shall be instituted, maintained or continued in any court merely on the ground that the amendment rules were not validly and effectively made,
(2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be construed as preventing any person from claiming refferd of any compulsory Basic Water rate or Water rates paid by him in excess of the amount due from him under the law.