Maharashtra Tenancy Laws and Maharashtra Land Revenue Code (Amendment and Validation of Appointments of Certain Officers and Proceedings) Act, 1981

This Act may be called the Maharashtra Tenancy Laws and Maharashtra Land Revenue Code (Amendment and Validation of Appointments of Certain Officers and Proceedings) Act, 1981.

In this Act, unless the context otherwise requires,— (a) "Maharashtra Land Revenue Code" means the Maharashtra Land Revenue Code, 1966; (b) "Maharashtra Tenancy Laws" means the Bombay Tenancy and Agricultural Lands Act, 1948 and the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.

(1) Notwithstanding anything contained in any judgment, decree or order of any court or tribunal to the contrary, or in the Maharashtra Land Revenue Code, or in the Maharashtra Tenancy Laws, or in any rules, notifications or orders made under any of these Acts, any person appointed as an officer to exercise the powers, perform the functions and discharge the duties of an officer under the Maharashtra Tenancy Laws or the Maharashtra Land Revenue Code, before the commencement of this Act, shall be deemed to have been validly and duly appointed as such officer, and any such appointment shall not be called in question in any court or before any tribunal or authority merely on the ground that the procedure for such appointment was not followed, or that such person did not possess the necessary qualifications, or that there was no post or vacancy for such appointment, or on any other ground whatsoever.

(2) All proceedings held, or acts or things done, by any such officer, in the exercise of such powers, performance of such functions or discharge of such duties, shall be deemed to be, and shall always be deemed to have been, validly held or done, and shall not be called in question in any court or before any tribunal or authority on the ground that such officer was not duly appointed or that he was not competent to hold such proceedings or do such acts or things.

Anything done or any action taken (including any order passed, notice issued or inquiry held) by any officer appointed or deemed to be appointed under any of the Tenancy Laws or the Land Revenue Code (not being an officer whose appointment is validated by section 3), in the exercise or purported exercise of any of the powers or functions conferred by or under the relevant Tenancy Law or the Land Revenue Code, at any time before the commencement of this Act, shall, notwithstanding anything contained in any judgment, decree or order of any court, be deemed to have been validly done or taken and shall not be called in question in any court or before any authority on the ground only that such officer was not duly appointed or had no jurisdiction to pass such order, issue such notice or hold such inquiry.

Nothing in this Act shall be construed as preventing any person from questioning in any court or before any authority the validity of any order, notice or inquiry on any ground other than that of the appointment or jurisdiction of the officer referred to in section 3 or section 4.

(1) The Maharashtra Tenancy Laws and Maharashtra Land Revenue Code (Amendment and Validation of Appointments of Certain Officers and Proceedings) Ordinance, 1981, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any order passed, notice issued or inquiry held) under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.