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THE POONA MUTHA RIVER FLOOD LIMITS (PROHIBITION OF BUILDING) AND PROVISION FOR ALTERNATIVE BUILDING SITES (REPEAL) AND INDEMNITY ACT, 1965
MAHARASHTRA ACT No. X OF 1968
[ May, 1966]
An Act to repeal the Poona Mutha River Flood Limits (Prohibition of Building) and Provision for Alternative Building Sites Act, 1961 and indemnify authorities and persons who have acted in pursuance of the said Act
WHEREAS it is expedient to repeal the Poona Mutha River Flood Limits (Prohibition of Building) and Provision for Alternative Building Sites Act, 1961 and to indemnify authorities and persons who have acted in pursuance of the said Act;
It is hereby enacted in the Sixteenth Year of the Republic of India as follows:
SECTION 01: SHORT TITLE
This Act may be called the Poona Mutha River Flood Limits (Prohibition of Building) and Provision for Alternative Building Sites (Repeal) and Indemnity Act, 1965.
SECTION 02: DEFINITION
In this Act “Corporation” means the Corporation of the City of Poona constituted under the Bombay Provincial Municipal Corporations Act, 1949. -
SECTION 03: REPEAL OF MAH. XXXVII OF 1961
Subject to the provisions of section 5, the Poona Mutha River Flood Limits (Prohibition of Building) and Provision for Alternative Building Sites Act, 1961 is hereby repealed.
SECTION 04: INDEMNITY
Notwithstanding anything contained in any law for the time being in force, the Authority, and each of the Members thereof who was at any time in office as such Member, and the Secretaries, and every member of the staff or other person appointed or assigned to the Authority under the repealed Act, and the State Government and every officer or servant of that Government, and the Corporation and every officer or servant of the Corporation, and every person acting under or in accordance with the orders, directions or instructions of any of the authorities or persons mentioned aforesaid are hereby freed, indemnified, and discharged jointly and severally from all consequences, whether civil or criminal, for and in regard or in respect of any act, matter or thing which was in good faith done or purported to be done, or for and in regard or respect of any failure or omission in good faith to do what was required to be done, by or under any provisions of the Act now repealed. And, accordingly, no action or legal proceedings whatsoever, whether civil or criminal, shall lie, or be continued, in any court against any of the authorities or persons mentioned aforesaid.
SECTION 05: SAVINGS
Nothing in this Act shall affect the judgment, decree or order of the High Court at Bombay delivered or passed in its inherent and general jurisdiction and in its jurisdiction under Article 226 of the Constitution of India in Special Civil Applications Nos. 12 627, 698, 699, 706, 1026, 1141, 1145, 1150, 1168, 1171, fl46 and 1457 011962 (Ramdas Alathuhhai Shah and others v. State of Maharashtra and others) or any judgment, decree or order which may be delivered or passed in appeal.
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