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Orissa act 013 of 1998 : Orissa Survey and Settlement (Amendment and Validation) Act, 1998

Preamble

*Orissa Survey and Settlement (Amendment and Validation) Act, 1998**

[Orissa Act No. 13 of 1998][28th September, 1998]

An Act to Amend the Orissa Surv by and Settlement Act, 1958 and to Validate Certain Actions Taken and Things Done Pursuant to the Orissa Survey and Settlement (amendment) rules, 1976.

Be it enacted by the Legislature of the State of Orissa in the Forty-ninth Year of the Republic of India as follows:-

* For the Bill see Orissa Gazette, Extraordinary, dated the 1st July, 1998 (No. 841).

** [Received the assent of the Governor on the 28th September, 1998, first published in an extraordinary issue of the Orissa Gazette, dated the 16th October, 1998]

Section 1. Short title

1. Short title.- This Act may be called the Orissa Survey and Settlement (Amendment and Validation) Act, 1998

Section 2. Amendment of section 44

2. Amendment of section 44.- In the Orissa Survey and Settlement Act, 1958 (Orissa Act 3 of 1959) (hereinafter referred to as the principal Act), for section 44, the following section shall be deemed to have been substituted on and with effect from the 24th day of March, 1976, namely:-

"44. All rules made under section 43 shall, as soon as may be after they are made be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions and if during the said period the State Legislature makes any modifications therein, the rules shall thereafter have effect only in such modified form, so, however, that such modification shall be without prejudice to the validity of anything previously done under the rules.".

Section 3. Validation

3. Validation.- Notwithstanding anything to the contrary in the principal Act, or any judgment, decree or order of any Court, the Orissa Survey and Settlement (Amendment) Rules, 1976 (hereinafter referred to as the Amendment Rules) made under section 43 of the principal Act and published under the notification of the Government of Orissa in Revenue Department No. 21474-R., dated the 23rd March, 1976 as S.R.O. No. 344/76, shall be deemed to be effective on and with effect from the date of such publication as if section 44 of the principal Act as amended by section 2 of this Act had been in force at all material points of time when the rules were so made and published and were laid before the Orissa Legislative Assembly in pursuance of section 44 of the principal Act and, accordingly,-

(a) all actions taken or things done or purported to be taken or done including the fixation, assessment and realisation of rents pursuant to the amendments made by the Amendment Rules shall be deemed to have been validly done or taken; and’

(b) no suit or other proceeding shall be instituted, maintained or continued in any Court merely on the/ground that the Amendment Rules were not effective prior to laying of the same before the Assembly for a total period of fifteen days as required by section 44 of the principal Act as it stood prior to the commencement of section 2 of this Act.