Validation of the collection of certain amounts as cess and the licenses issued

Notwithstanding anything contained in the Rajasthan Agricultural Produce Markets Rules, 1963 hereinafter referred to as the said Rules or in any judgment, decree or order of a court, and notwithstanding any error, omission defect or want of jurisdiction, power or authority, it is hereby declared that-

1. (1) the amounts levied and collected by any market committee as cess after the commencement of the Rajasthan Agricultural Produce Markets (Amending and Validating Provisions) Ordinance, 1965 (Rajasthan Ordinance 4 of 1965) shall always be deemed for all purposes to have been validly and duly levied and collected as market fee under section 17 of the Rajasthan Agricultural. Produce Markets Act, 1961 (Rajasthan Act 38 of 1961) hereinafter referred to as the principal Act and no amount collected as cess shall be claimed for being refunded;
2. (2) all licences issued, refused, cancelled or suspended by any market committee since the promulgation of the Rajasthan Agricultural Produce Markets Rules, 1963 for operating in a market area and all fee levied and collected for such licences shall be duly and validly deemed to have been issued for operating in a market, refused, cancelled or suspended and levied and collected; and shall not be called in question in any court of law on the ground that-
   • (i) Such licences were granted for business in a market area and not in the market; and
   • (ii) the maximum of the fees charged were not prescribed as required section 17 of the principal Act;
3. (3) rules 69 to 74 of the said rules shall, as from 26th day of August, 1965, be deemed to have been validly made as if-
   • (a) for the word cess wherever occurring in the said Rules, the word fee were substituted; and
   • (b) for the words market area occurring in rules 69 (4) and 72 (1), (3) (iv) and (4) of the said Rules, the word market were substituted; and for removal of doubt it is hereby declared that the said Rules shall as from the said date be construed accordingly: Provided that, nothing in this section shall render any person liable to be convicted of any offence in respect of any act committed by him before the commencement of this Act, if such act was not an offence under the principal Act such commencement but the provisions of this section.