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PUBLIC SUITS VALIDATION ACT, 1932
11 of 1932
8th April, 1932
STATEMENT OF OBJECTS AND REASONS "
Sections 91and92 of the Code of Civil Procedure, 1908, empower the Advocate - General to institute, or to give consent to the institution of certain suits relating to public matters. In order to provide for provinces where there is no Advocate General, or for remoter areas in the Presidencies. Section 93 of the Code provides that these powers of the Advocate-General may be exercised, with the previous sanction of the Local Government, by the Collector or by such officer as the Local Government may appoint in this behalf. Local Governments have taken the view that it is sufficient under this section for them to give previous sanction to the Collector, or to the special officer, generally, and not in respect of each particular suit. Their Lordships of the Privy Council, however, have in a recent case held that the previous sanction of the Local Government must be recorded in respect of each particular suit. - An appeal from Allahabad The result of this decision is that a large number of pending suits will be rendered subject to dismissal through no fault of plaintiffs. The Bill is intended to remove this hardship. It validates all such-suits now pending, and also provides for the retrial of a claim which may have been in the meantime dismissed, whether in the Court instance or in the Court of appeal on the ground of the absence of the requisite sanction." -Gazette of India, 1932. Part V. page 135.
An Act to validate certain suits relating to public matters. WHEREAS it is expedient to validate certain suits relating to public matters which may be or have been held to be invalid by reason of the previous sanction of the Local Government in respect thereof not having been obtained as required by Section 93 of the Code of Civil Procedure. 1908It is hereby enacted as follows:-
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called The Public Suits Validation Act, 1932.
(2) It extends to all parts of 2[India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States] to which Sections 91-,92-and93 of the Code of Civil Procedure, 1908-, extend.
SECTION 02: VALIDATION OF CERTAIN PENDING PUBLIC SUITS
Where a suit relating to any of the public matters specified in Sections 91-and92 of the Code of Civil Procedure, 1908-, is pending at the commencement of this Act, the institution of such suit shall not be deemed to be invalid on the ground that the previous sanction of the 3[State Government] in respect of such suit has not been obtained as required by Section 93-of that Code. Explanation.- For the purposes of this section a suit pending at the commencement of this Act includes a suit in respect of which an appeal lies or is pending at the commencement of this Act.
SECTION 03: RESTORATION OF CERTAIN DISMISSED PUBLIC SUITS
Where any suit relating to any such public matter has, after the 30th day of November. 1931 and before the commencement of this Act, been dismissed by a Court of first instance solely on the ground that the sanction of the4[State Government] in respect of such suit has not been obtained as required by Section 93 of the Code of Civil Procedure. 1908 - the Court shall, on application made within six months from the commencement of this Act, make an order setting aside its decree and shall proceed with the suit.
SECTION 04: RETRIAL OF CERTAIN APPEALS RELATING TO PUBLIC SUITS
Where, in any appeal arising from a suit relating to any such public matter, a decree has been passed after the 30th day of November, 1931 and before the commencement of this Act, dismissing the appeal or dismissing the suit from which the appeal arose, solely on the ground that the previous sanction of the5[State Government] in respect of the suit had not been obtained as required by Section 93 of the Code of Civil Procedure, 1908-, the Appellate Court shall, on application made within six months from the commencement of this Act, make an order setting aside its decree and shall proceed with the appeal.
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