Section 3 in Indian Forest (Maharashtra Second Amendment) Act, 1984
3. Consequences of retrospective amendment of section 41 of Act XVI of 1927.
- It is hereby declared that section 41 of the Indian Forest Act, 1927, in its application to the State of Maharashtra (hereinafter in this section referred to as "the principal Act"), having been retrospectively amended by this Act, with power to the State Government to make rules for the purposes referred to in section 41 of the principal Act, as amended by this Act,-(a)Rule 88 under the heading "I. Conversion of Timber within certain distance of Forests" in Chapter VI of the Bombay Forest. Rules, 1942 and the Form in Schedule EE thereto or any other provisions in relation to the grant of such licences contained in the said rules and the corresponding provisions contained in any other rules applicable in the Marathwada and the Vidarbha Region, as amended from time to time, and in force on the day immediately proceeding the date of commencement of this Act shall be deemed to have been validly made and effective and continuously in force as if they have been made under the principal Act, as amended by this Act;(b)all licences granted under the said rules and subsisting on the date of commencement of this Act shall be valid for the period for which they are granted or renewed;(c)anything done or any action taken under the principal Act, as amended by this Act (including the rules made thereunder), shall be deemed to be, and shall be deemed always to have been, validly done and taken, and shall not be called in question in any Court or before any authority, merely on the ground that there was no valid rule making power vested in the State Government or that the amendments to the rules were not validly made or that the rules or amendments made thereto and licences granted or renewed thereunder as aforesaid did not fit in the rule making power of the State Government or on such other ground.
