THE RAJASTHAN SHOPS AND COMMERCIAL ESTABLISHMENTS
(AMENDMENT AND VALIDATION) ACT, 1982
[Act No. 06 of 1983]
[Received the assent of the President on the 23rd March, 1983] An
Act
further to amend the Rajasthan Shops and Commercial Establishments Act, 1958 and to validate the constitution and appointment of the prescribed authorities and the proceedings, Judgments and orders taken before or made by those authorities under the said Act. Be it enacted by the Rajasthan State Legislature in the Thirty-third Year of the Republic of India, as follows:-
1. Short title.- This Act may be called the Rajasthan Shops and Commercial Establishments (Amendment and Validation) Act, 1982.
2. Amendment of section 2, Rajasthan Act 31 of 1958.- Clause (14) of section 2 of the Rajasthan Shops and Commercial Establishments Act, 1958 (Rajasthan Act 31 of 1958), hereinafter referred to as the said Act, shall be, and shall be deemed always to have been substituted by the following, namely:--
"(14) "prescribed authority" means the authority as may be notified by the State Government in the Official Gazette from time to time;"
3. Validation of Proceedings taken and decisions made by the prescribed authorities.- Notwithstanding anything contained in the said Act or in any other enactment or any rule or Notification made or issued thereunder or in any judgment, decree, order or decisions of any court or tribunal,--
(a) all prescribed authorities constituted or appointed under the said Act by the State Government from time to time before the commencement of this Act, shall be, and shall be deemed always to have been validly constituted and duly appointed under the said Act;
(b) all decisions given by such prescribed authorities in any proceedings before the commencement of this Act, shall be deemed always to have been validly given by them as the prescribed authorities of competent jurisdiction under the said Act;
(c) all proceedings taken before the commencement of this Act in the cases before such prescribed authorities, whether finally disposed of or pending, shall be deemed always to have been validly taken before the prescribed authorities of competent jurisdiction;
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(d) no proceedings, whether finally disposed of by, or pending before such prescribed authorities shall be called in question on the ground that such authorities were not validly constituted or duly appointed under the said Act or the rules or notifications made or issued thereunder;
(e) all prescribed authorities appointed under the said Act, or the rules or notifications made or issued thereunder and functioning as such at the commencement of this Act, shall be deemed to have been validly constituted and duly appointed and shall continue to function as prescribed authorities of competent jurisdiction till any re- constitution or re-appointment is duly made under the law for the time being in force.
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