Validation
Section 3 of the Destructive Insects and Pests (Amendment and Validation) Act, 1992 deals with validation. Notwithstanding any judgment, decree or order of any court, tribunal or other authority,-- (i) the notification No.S.O.867(E), dated the 27th October, 1989 issued under sub-section (1) of the section 3 of the principal Act, and (ii) any fees levied or collected or purported to have been levied or co The Act was enacted on 31 Mar 1992.
(1) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,--
(i) the notification No.S.O.867(E), dated the 27th October, 1989 issued under sub-section (1) of the section 3 of the principal Act, and
(ii) any fees levied or collected or purported to have been levied or collected for making an application for a permit to import, or for making inspection, fumigation, disinfection, disinfestation or supervision of, any article or class of articles or any insect or class of insects under the principal Act or the said notification, shall, for all purposes, be deemed to be and to have always been validly issued or, as the case may be, levied or collected in accordance with the provisions of section 3 of the principal Act as amended by this Act, and accordingly--
(a) no suit or other proceeding shall be maintained or continued in any court for the refund of any fees so collected;
(b) no court or other authority shall enforce any decree or order directing the refund of any fees so collected;
(c) any fees levied or purported to have been levied but not collected, may be recovered under the principal Act as amended by this Act; and
(d) anything done or any action taken or purported to have been done or taken under or for the purposes of the principal Act shall be deemed to have been validly done or taken in accordance with law as if the provisions of section 3 of the principal Act, as amended by this Act, had been in force at all material times.
(2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be construed as preventing any person--
(a) from questioning in accordance with the provisions of the principal Act, as amended by this Act, or the notification issued under section 3 of the principal Act, the levy or collection of such fees; or
(b) from claiming refund of any fees paid by him in excess of the amount due from him under the principal Act, as amended by this Act, or the said notification.
Section 3, The Destructive Insects and Pests (Amendment and Validation) Act, 1992 (Act 12 of 1992).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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R. Piyarelall Import & Export Ltd. & Anr. v. Union of India & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Judgment 2006-05-05 (order-1.pdf; R.M. Lodha & J.P. Devadhar JJ.): earlier Bombay/Calcutta view that s.3(1)’s power to prohibit/regulate imports did not include levy of inspection fees was cured when Parliament retrospectively inserted s.3(3) enabling fee levy/collection; Validation Act 1992 removed that defect and satisfied Saksena/Prithvi Cotton tests, so past inspection-fee recovery under the amended s.3 stands.
On this section: Teaches operative s.3: once s.2 removes the defect, the validation clause sustains past plant-quarantine inspection-fee levies and collections against importers.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 3
What have the courts held on Section 3 of the Destructive Insects and Pests (Amendment and Validation) Act?
R. Piyarelall Import & Export Ltd. & Anr. v. Union of India & Ors. (05 May 2006) is the leading judgment on this section among those set out below: Teaches operative s.3: once s.2 removes the defect, the validation clause sustains past plant-quarantine inspection-fee levies and collections against importers.
How do I find court cases under Section 3 of the Destructive Insects and Pests (Amendment and Validation) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Destructive Insects and Pests (Amendment and Validation) Act 3, section 3 Destructive Insects and Pests (Amendment and Validation) Act, section 3 of the Destructive Insects and Pests (Amendment and Validation) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with R. Piyarelall Import & Export Ltd. & Anr. v. Union of India & Ors. (05 May 2006).
What should I read with Section 3 of the Destructive Insects and Pests (Amendment and Validation) Act, and has it changed?
1 other provision in this corpus refers back to it.
When was Section 3 of the Destructive Insects and Pests (Amendment and Validation) Act enacted?
Section 3 of the Destructive Insects and Pests (Amendment and Validation) Act, cited as Destructive Insects and Pests (Amendment and Validation) Act 3, was enacted on 31 Mar 1992 as Act 12 of 1992. It is in force as at the date shown on this page.
Other sections of this Act
- 4. Repeal and saving56 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.