Kerala · 1960 · Act 26
THE STATE TRANSPORT AUTHORITY AND THE REGIONAL TRANSPORT AUTHORITIES (CONTINUANCE OF THE TERM OF OFFICE) VALIDATION ACT, 1960
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THE STATE TRANSPORT AUTHORITY AND THE REGIONAL TRANSPORT
AUTHORITIES (CONTINUANCE OF THE TERM OF OFFICE)
VALIDATION ACT, 1960
(ACT 26 OF 1960)
CONTENTS
Preamble.
Sections:
1. Short title.
2. Validation of the sanction for the continuance of the term of office of the State
Transport Authority and certain Regional Transport Authorities.
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THE STATE TRANSPORT AUTHORITY AND THE REGIONAL TRANSPORT
AUTHORITIES (CONTINUANCE OF THE TERM OF OFFICE)
VALIDATION ACT, 1960.
ACT 26 OF 1960 *
(Repealed by Ordinance 18 of 2005)
An Act to validate the continuance of the term of office of the State Transport Authority and
certain Regional Transport Authorities.
Preamble.—WHEREAS by notification No. 74520/58/PW/TB.1 dated the 23rd
December, 1958, the Government sanctioned the continuance of the term of office of the
State Transport Authority and certain Regional Transport Authorities after the expiry of their
term of office;
AND WHEREAS the said Transport Authorities continued to function till new
authorities were constituted on the 30th day of December, 1958;
AND WHEREAS it has been held by the High Court of Kerala that the said
notification dated the 23rd December, 1958, cannot have retroactive operation;
AND WHEREAS it is necessary to validate all things done and all action taken by the
said Transport Authorities after the expiry of their term of office;
BE it enacted in the Eleventh Year of the Republic of India as follows:—
1. Short title.—This Act may be called the State Transport Authority and the Regional
Transport Authorities (Continuance of the Term of Office) Validation Act, 1960.
2. Validation of the sanction for the continuance of the term of office of the State
Transport Authority and certain Regional Transport Authorities.—(1) Notwithstanding any
judgment, decree or order of any court, the continuance of the term of office of the State
Transport Authority and the Regional Transport Authorities sanctioned by the Government by
notification No. 74520/58/PW/TB.1 dated the 23rd December, 1958, issued under sub-
sections (1) and (2) of section 44 of the Motor Vehicles Act, 1939, shall be deemed to have
been validly ordered; and the term of office of the State Transport Authority and the Regional
Transport Authorities of the Cannanore, Kozhikode, Palghat, Trichur, Kottayam, Quilon and
Trivandrum shall be deemed to have been extended from the 27th day of August, 1958, up to
the 30th day of December, 1958 and that of the Regional Transport Authority of Alleppey
shall be deemed to have been extended from the 1st day of October, 1958 up to the 30th day
of December, 1958. All powers exercised, duties performed, orders passed and all things
done and action taken or purporting to have been exercised, performed, passed, done or taken
by or under any provision of the said Motor Vehicles Act or the rules made thereunder by the
said authorities during the respective periods aforesaid, shall be deemed to have been validly
exercised, performed, passed, done and taken and shall not be called in question in any court
of law on the ground that the sanction of the Government for the continuance of the term of
office of the said authorities with retrospective effect was not authorised by law.
* Published in the Gazette Extraordinary dated 1st November, 1960.
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(2) No suit or other proceeding challenging the validity of any such power exercised,
duty performed, order passed, thing done or action taken or for any relief on the ground that
such power, duty, order, thing or action was not validly exercised, performed, passed, done or
taken, shall be maintained or continued in any court:
Provided that no action or omission on the part of any person shall be punishable as
an offence which would not have been so punishable if this Act had not been passed.
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