The rajasthan certain municipalities (continued existence and constitution and proceedings of boards) validating act, 1965

The Rajasthan Certain Municipalities (Continued Existence 
and Constitution and Proceedings of Boards) Validating 
Act, 1965 
Act No. 6 of 1965 
RJ682 
 
[Received the assent of the Governor on the 31st day of March 1965 & published in 
Rajasthan Gazette, Extra-ordinary, Part IV-A, dated 3-4-1965] 
 
 An act to provide for, & validate the continued existence of, Bhinasar and 
Gangashahar Municipalities as separate municipalities and the constitution and proceedings 
of the boards thereof and of the Bikaner Muni cipal Council and for certain other matters 
connected therewith. 
Be it enacted by the Rajasthan State Legislature in the Sixteenth Year of the Republic of 
India as follows:- 
1. Short title.  - This Act may be called the Rajasthan Certain Municipalities (Con tinued 
Existence and Constitution and Proceedings of Boards) Validating Act, 1965. 
2. Definitions. - In this Act, unless the context otherwise requires,- 
(a) "Bhinasar Municipality" or "Gangashahar Municipality" means the area constituting 
the Municipality by that name, as existing immediately before the 25th day of July, 
1962; 
(b) "the notification" means the Local Self Government Department notification No. F. 
1(13) LSG/62, dated the 25 -7-1962, issued under sub -section (1) of Section 4 of the 
Rajasthan Mu nicipalities Act, 1959 (Act No. 38 of 1959) and published in the 
Rajasthan Gazette, dated 25 -7-1962, extending the jurisdiction of the Bikaner 
Municipality by including therein the areas constituting the Bhinasar and Gangashahar 
Municipalities; and 
(c) words and expressions defined in the Rajasthan Municipalities Act, 1959 (Act No. 38 
of 1959), herein after referred to as the Municipalities Act, but not defined in this act 
shall wherever used herein, be construed to have the meanings respectively assigned 
to them by that Act. 
3. Validation of continued existence of Bhinasar and Gangashahar Municipalities and 
proceedings of the Boards thereof and of the Bikaner Municipal Council and certain 
other matters. - Notwithstanding anything in any judgment, decree or order of any court or 
section 4 or 6 of the Municipalities Act, or the notification- 
(a) the Bhinasar Municipality and the Gangashahar Municipality shall be deemed always 
to have continued to exist and shall hereafter continue as separate municipalities  to 
all intends and purposes, and 
(b) the areas constituting the aforesaid municipalities shall be deemed never to have 
been included in the Bikaner Municipality: as if the notification had never been issued; 
and accordingly:- 
(i) all actions taken, things done, appointment and transfers made and powers exercised 
by the State Government or by any officers or authorities subordinate to it in relation 
to all the three or any of the aforesaid municipalities, (hereinafter in this Act referred to 
as the said mun icipalities), or the Board or Boards thereof, treating each as a 
separate municipality, shall be deemed to have been lawfully taken, done, made and 
exercised; 
(ii) any division into or delimitation of wards of the said municipalities made, election 
(including co-option) of the members of the boards thereof conducted and the boards 
constituted before, and existing as such immediately before the date of 
commencement of the notification or this Act, as the case may be, shall be deemed 
always to have been lawfully made, conducted and constituted and such boards shall 
be deemed always to have had legal existence; 
(iii) all actions taken, orders passed, proceedings commenced, taxes imposed or 
liabilities incurred by the municipal boards of the said municipalities or by any 
competent authority in the exercise of its statutory powers shall be deemed to have 
been validly taken, passed, commenced, imposed or incurred. 
Explanation. - Reference in this section and section 4 to a board or member shall in the 
case of the B ikaner Municipality be construed as being references respectively to the 
Council or to a Councilor. 
4. Court not to question validity of certain Acts and proceeding on the ground of 
defect in Constitution of Municipalities.  - No court shall question any ac tions taken, 
things done, appointments and transfers made and powers exercised by the State 
Government or by any officers or authorities subordinate to it in relation to the said 
municipalities or any division into or delimitation of wards, election (including co-option) of 
members of the Boards thereof made and the Boards constituted, or any action taken, 
orders passed, proceedings commenced taxes imposed or liabilities incurred by the 
Boards or by any competent authority, on the ground that the Bhinasar a nd Gan 
gashahar Municipalities did not exist after the issue of the notification or that the only 
municipality in existence was the Bikaner Municipality with its extended limits or that the 
notification had not been cancelled in proper manner and after sat isfying the required 
conditions. 
5. Cancellation of notification with retrospective effect.  - Not withstanding anything 
contained in Section 4 or 6 of the Municipalities Act, the notification shall, as from the 
25th day of July, 1962, be deemed to have been cancelled. 
6. Repeal.  - The Rajasthan Certain Municipalities (Continued Existence and Constitution 
and Proceedings of Boards) Validating Ordinance, 1965 (Ordinance No. 1 of 1965), is 
hereby repealed. 
 

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