The rajasthan municipal boards validating act, 1956

393
ENGLISH TRANSLATION
( Aa aulhori.ed by the Rajpramukh in pursuance 01 Clause (3) 01 Arlid.
34801 the 'bonstitution 01 India]
THE RAJASTHAN MUNICIPAL BOARDS VALIDATING ACT, 1956
(Act No. 37 of 1956 )
. ~.
[ Received the assent of His Highness the Rajpramukh on th,
31st day oj October, 1956.]
An Act to declare certain Municipal Boards in tbe State of
Rajasthan to have been duly constituted.
WHEREASseveral Municipal Board in the State of Rajasthan have
lately been pronounced, on account of lack of definition of the limits of their
jurisdiction or lack or declaration of the areas comprised in such limits to be
municipalities in accordance with law or of non-observance of other forma-
lities or non-performance of other requirements of the law, not to have been
properly constituted and consequently to have had no legal existence;
AND WHEREASsuch pronouncements have had the effect of practically
sterilising the municipal administration of the municipalities affected thereby
and invalidating all actions taken and all taxes levied and recovered therein
by such municipal boards;
AND WHERBAS,in the interest of Municipal administration, it is expe-
dient, notwithstanding the aforesaid defect, to declare such municipal boards
to have been duly constituted, to define, where necessary, their iimits of
jurisdiction and to validate all actions taken and all taxes levied so far by
them;
BE it enacted by the Rajasthan State Legislature in the Seventh Year of
the Republic of India as follows:-
1. Short title, extent and commencement.-(1) This Act may be called the
Rajasthan Municipal Boards Validating Act, 1956.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Declaration oj proper constitution and validation.-(l) Notwithstanding
aaything to the contrary contained in any enactment.law or rule or in an,

394 THE RAJASTHAN MUNICIPAL BOARDS VALIDATING ACT, 1956.
1;:
,
judgment, decree or order of any Court,-
(a) all municipal boards constituted before, and functioning as
such at the commencement of this Act shall be deemed always to
have been properly constituted. and to have had legal existence
since the date of their constitution,
(b) in cases where the limits of their jurisdiction have been defined,
the limits of the jurisdiction of each such board shall always be
deemed, from the date of such definition, to have been the limits
as so defined irrespective of whether or not a formal declaration
in respect of such definition has been made,
(c) in cases where such limits have not been defined, the limits of
jurisdiction or each such board shall always be deemed, from the
date of its constitution till the date of any such subsequent
definition, to have been the sarn e as the recorded limits of the
town after which the Municipalty is named or, as the case may
be, for which such board was constituted,
(d) all taxes levied and recovered by such Municipal Boards within
the af orcsaid limits shall be deemed always to have been law-
fully levied and recovered in pursuance of their statutor y tax-
in g powers, and
(e) all rules and bye-laws made and other actions taken by any corn-
petent authority in the exercise of its statutory powers shall be
deemed always to have been lawfully made and taken. as the
case may be, and to be operative and in full force within the
aforesaid limits.
"'~..
Ex PLANA TloN.-The expression "recorded limits of a town" means the limits
of that town as recorded in revenue records.
(2) No such tax, rule. bye-law or other action shall be liable to be called
in question nor shall be propriety or otherwise of the constitution of any
Municipal Board or of the definition of its limits of jurisdiction as stated in
sub=section (1) shall be challenged in any court on the ground of any error.
"'omission or defect of form. proced ure or publication.

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