2X-9-5HNT sfaa FYry (*)
(a)
ItTar f HsTyT fyfqs yfufruft fT ufufrur
(7) "ufrfrufaf" FrCT TUTfeufa . t. a A qfTTTG.
1
faafrt
T.
frz zff ufqi
.
2
No. 35364-381-XX-A(D1.).-In puisuane ol lause (3) ot Arde iH Korala
Upkar
(Manyata-karan) Adhiniyam, 1g64 (18 of 1g64) is herchy pnublishc/
under
the authority of the Governor.
ihe Constitution
Short title,
Bhopal, the 25th September 1gf4.
Definitions.
of India.
By order
and in the name of the Governor of Madhya Pradesh.
the English translation of the Madhya Pradech rH: MADHYA PRADESH KOYALA
UPKAR (MANYATA.
KARAN) ADHINIYAM, 1964.
rReceived the assent of the Governor onthe 22nd September, 1964; assent
first published in the
"Madhya Pradesh Gazette""
Extraordinary, on
the 25th September,
1964.]
1.
An Act to validate the imposition and collection of cess Coal by certain local authorities.
2.
MADHYA PRADESH ACT
R. G. TRIVEDI, Secy. No. 18 of 1964. BE it enacted by the Madhya Pradesh Legislature inthe
Fifteenth year of the Republic of India as follows;-
(a)
This Act may be
called the Madhya
Pradesh Koyala
Upkar (Manyata-karan) Adhiniyam, 1964).
()
In this Act unless the context
otherwise requires,
"Board"
as
On
Mining the Independent meanS
Board,
Chhindwara,
constituted under the Central
Provinces Local Self Government Act, 1920 (1V of
Janapada
1920), and its
successor body,
Sabha,
Chhindwara,
constituted under the Central
Provinces and Berar Local Government
Act, 1948
(XXXVIII of 1948); the
Local
(b) "Cess" meang a cess imposed by the
Independent
Mining Local
Board,
Chhindwara, or its successor
body, on coal,
coal dust or
coke, from time
to tine,
the casemay
be, produced
or
manufactured at
the mines,
sold for export
outside the State, or
sold otherwise
than for export
by rail within
the
territorial
jurisdiction of the said Board;
the Central
Provinces
Local Self
means "Enactnent"
Government Act, 1020 (IV of 1920), or the Central
Provinces and
Berar LocaB
Government Act, 1948 (No.
XXXVIII of 1048), as the çase may
be,and
rules made thereunder.
4
Nowithstanding anvthing containcd in any judge Validation of im of any
detec oT order
Court. ceSSes inposed. assesserd or purported
to have been imposed, assessed or collet Boatd un
pursuance
of the notifications notices spei
Ad
in
the
Schedule
shall, for all purposes. be deemed to be. alwats
bcen, validly imposed, aSSCSsed or colleted it
the
cnacent
under which they were so issued
stood
atall
material times so as to empower the Board to sid
0titications/ notices and accordingly:-
acts.
proceedings or things done or taken by the Board or by any
oficer of the Board in conne
tion with the imposition
assess1nent or collection
of such cess shall, for all
purposes, be deeued io
be and to have always
been done or taken in ac
cordance with law:
iuposed or assessed in
pursuance of ihe
said notifications /notices
before the 20th dav of
Mas, 19g64 but not
collected before such date
may
be recovered (after
asse ssment of the cess
where
necessarv) in the manner
provided therefor:
)no suit or other
proceeding shall be
maintained or
Continued in any Cour
against the Board or a
person or authority
whatsover for the refund
of
any cess so paid;
(d) no Court shall enforce any decree or order directing the refund ofany cess so paid.
(2) For he remoral of doubts, it is hereby decarcd that
nothing in sub-section (1) shall be construed as
preventing any
person
(a) fro1 questioning in accordance with the provisions ofthe enact1nent,
the assessment of
such cess fer
any period.
(b)for laiming refund of the cess paid bvhim in excess
ofthe amoun due
from hin under tie enactnient.
provisions of the relevant law for the time being in force.
itio n
fnent and coilec
ton of cess
othing in this Act shall
be construed so as to
debar Board not debar
tea rom varying the
rate of cess in accordance
with the red from
Adhvadesh. ig64 (5 of 1964) is hereby repe aled. rate.
Ihe Madhya Pradesh
Kovala Upkar
(Manyatakaran) Repeal.
varving
5
Schedule (Sre stion 9
2.
Notification. dated the 22nd December 1943. i54ued nder dausc (b) of rule 6 of the Rules made under clause (*vi, of
subsection
(1) ) of section 79 of the Central Provinces and Berar
Local
Sclf Governmcnt Act, 1g20 (1V of 1920), and pub lished
in
Parr |L of the "Central Provinces and Berar Gaette' dated
the
10th March 1944-
at page 866, under the signature of Shri S.
N. Lokras. Hony. Secretary, I.M.L.B. Notification, dated the 29th July 1946 issued under dause
(b) of rule 6 of the rules made under clause (xvi) of sub- ction (1)
of section 79 of the Central Provinces and Berar Local
Self Government Act, 1920 (V of 1920), and published in Part
III of the "Central Provinces and Berar Gazette", dated the 1ith
October 1946, at page 35o. under the signature of Shri S. N.
Lokras, Hony. Secretary, I.M.L.B.
3.
Notification No. 204-A, dateed the 1gth July 1947 pub- lished in Part
III of the "Central Provinces and Berar Gazette'".
dated the 25th July 1947, at page
4o6, under the signature of
Shri S. N. Lokras, Hony.
Secretary, I.M.L.B.
6