.....rates survived but assessments according to those standard rates were not fixed before the supersession of all the rules by the New Rules (a)all rules and orders in so far as they relate to the determination and levy of non-agricultural assessment of any land in the State, and all provisions consequential, incidental or supplemental to this purpose; and (b)in particular, the rates of non-agricultural assessment, by whatever name called (whether standard rates of assessment, special rates of assessment, or otherwise) fixed under the said rules and orders; and all assessment made thereunder or in pursuance thereof, shall be deemed never to have been superseded or repealed; and shall be, deemed to have continued, and to continue in force, and to have full effect according to the tenor of the third proviso aforesaid; and accordingly, it shall be and shall be deemed to have been lawful to determine and levy, or continue to determine and levy and collect, non-agricultural assessment on any land in the State, according to the rates so fixed, or fixed in pursuance of the said rules and orders, as if those rules and orders and the rates of non-agricultural assessment had never been.....
List Judgments citing this section.....Special Civil Application No. 812 of 1966, decided on 12th day of April 1967, held " ".....for working out of the rights under paragraph D of sub-section (1) of section 78 of the Bombay Industrial Relations Act, 1946, it was not necessary for an employee first to approach an employer or to follow the procedure under subsection (4) of section 42 of that Act, and its proviso of the Act", and dismissed the petition with costs (this decision being hereinafter in this Act referred to as "the High Court decision") ; AND WHEREAS, the Supreme Court of India, in Civil Appeal No. 12 of 1968, decided almost five years later, that is on the 9th day of March 1972, has taken a contrary view, and overruled the High Court decision (vide 1972, Vol. I Labour Law Journal 657)(hereinafter this decision being referred to in this Act as "the Supreme Court decision") ; AND WHEREAS, during the period commencing on the 12th day of April 1966 (being the date of "the High Court decision") and ending on the 9th day of March 1972 (being the date of the "the Supreme Court decision") (hereinafter in this Act referred to as "the relevant period"), in reliance of the High Court decision, several.....
List Judgments citing this section.....of India as follows :" SECTION 01: SHORT TITLE This Act may be called the Maharashtra Industrial Relations (Validation of Certain Proceedings) Act, 1972. SECTION 02: TEMPORARY AMENDMENT OF SECTION 42 AND VALIDATION AND DISPOSAL OF PROCEEDINGS INSTITUTED IN LABOUR Courts and in Industrial Court under certain provisions of Bom XI of 1947 (1) During the relevant period, the provisions of sub-section (4) of section 42 of the principal Act shall be deemed to be deleted: and accordingly, any such proceeding commenced during the relevant period and pending at the commencement of the Maharashtra Industrial Relations (Validation of Certain Proceedings) Act, 1972, before any Labour Court or before the Industrial Court in appeal, shall be and shall be deemed to have been duly and validly commenced before such Labour Court, or, as the case may be, maintained before the Industrial Court, and no such proceeding or appeal shall be dismissed or set aside on the ground only that proceedings under paragraph D of sub-section (1) of section 78 of the principal Act were commenced without following the procedure prescribed by sub-section (4) of section 42 of the principal Act, and the proviso.....
List Judgments citing this section.....major ports, be subject to the control of any intermediate authority which the State Government may appoint. The intermediate authority shall in exercising control as aforesaid be subject to the superintendence, direction and control of the State Government". (2) It extends to all the Partially Excluded Areas in [State] of Bombay. SECTION 02: AMENDMENT OF SECTION 7 OF ACT VI OF 1898 In section 7 of the Indian Post Office Act, 1898, hereinafter called the said Act, (a) the proviso to sub-section (1) shall be deleted; and (b) for sub-section (2) the following sub-section shall be substituted namely - "(2) Unless and until such notification as aforesaid is issued, the rates chargeable for the time being in the rest of [India except Part B States] shall be the rates chargeable in the Partially Excluded Areas in the 1[State] of Bombay." SECTION 03: REPEAL OF THE FIRST SCHEDULE TO ACT VI OF 1898 The first schedule to the said act shall be repealed. Maharashtra State Acts
List Judgments citing this section