Chhattisgarh act 018 of 1964 : The Chhattisgarh Koyala Upkar (Manyatakaran) Adhiniyam, 1964.

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  • Department of URBAN ADMINISTRATION
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  • Ministry of State Government
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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

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