Section 6. Validation of certain acts and indemnity in respect thereof

6. Validation of certain acts and indemnity in respect thereof. —All acts of executive authority, proceedings and sentences which have been done, taken or passed with respect to, or on account of, any inflammable substance since the 1st day of April, 1937, and before the commencement of this Act by any officer of Government or by any person acting under his authority or otherwise in pursuance of an order of the Government in the belief or purported belief that the acts, proceedings or sentences were being done, taken or passed under the Petroleum Act shall be as valid and operative as if they had been done, taken or passed in accordance with law; and no suit or other legal proceeding shall be maintained or continued against any person whatever on the ground that any such acts, proceedings or sentences were not done, taken or passed in accordance with law. 7. [ Repeal of section 30, Act 30 of 1934.] Rep. by the Repealing and Amending Act , 1957 (36 of 1957), s . 2 and the First Schedule ( w.e.f . 17-9-1957.) STATEMENT OF OBJECTS AND REASONS "By virtue of sub-section (1) of section 30 of the Petroleum Act, 1934, the Central government may apply, by notification, any or all of the provisions of that Act to any dangerously inflammable substance other than an explosive and thus regulate the transport, storage, production, etc., of that substance. All the provisions of the Petroleum Act have been made applicable in this manner to acetone, wood naphtha, ethyl alcohol and methyl alcohol and certain provisions to carbide of calcium calcium-phosphide and cinematograph films having a nitro-cellulose base. It would, however, appear that, after the coming into force of the Government of India Act, 1935. On the 1st April, 1937 sub-section (1) of section 30 of the Petroleum Act could not be regarded as a valid provision. Unless a substance was expressly declared by "Federal Law" i.e., an Act of the Indian Legislature, to be dangerously inflammable with reference to Entry 32 of the Federal Legislative List, the legislative and executive power in regard to the possession, storage and transport of that substance remained by virtue of Entry 29 of the Provincial Legislative List with the Provinces and the Centre could not exercise control over these matters simply by the issue of a notification under a pre-existing law. The position remains the same under the new Constitution, the corresponding entries being Entry 53 of the Union List and Entry 27 of the State List. The present Bill, therefore, seeks to introduce legislation referable to Entry 53 of the Union List declaring certain liquids and substances as dangerously inflammable and empowering the Central Government to apply thereto all or any of the provisions of the Petroleum Act, 1934. The declaration will in the first instance be confined to the liquids and substances mentioned in paragraph 1 above, respect of which notifications have already been issued under sub-section (1) of section 30 of the Petroleum Act. Provision is also being made in the Bill for the continuance in force of notifications and rules purporting to have been issued under section 30 of the Petroleum Act and for indemnifying officers in respect of action taken under such notifications or rules. Section 30 of the Petroleum 1934, is also to be repealed by this Bill". NEW DELHI: The 2nd February, 1952. N.V. GADGIL.