Chapter VI MISCELLANEOUS

23.

1. (1) Where any liability of the owner of the specified textile undertaking arising out of any item specified in category I of the Second Schedule is not discharged fully by the Commissioner out of the amount paid under this Act, the Commissioner shall intimate in writing to the State Government the extent of the liability which remains undischarged and that liability shall be assumed by the State Government.
2. (2) The State Government may, by order, direct the Corporation to take over any liability assumed by the Government under sub-section
3. (1) and on receipt of such direction, it shall be the duty of the Corporation to discharge such liability.

23. The provisions of this Act, shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any Court, tribunal or authority.

24.

1. (1) Every contract entered into by the owner or occupier of the specified textile undertaking for any service, sale or supply and in force immediately before the appointed day shall, on and from the expiry of one hundred, and eighty days from the date on which this Act is first published in the Official Gazette cease to have effect unless such contract is before the expiry of that period, ratified in writing by the Corporation and in ratifying such contract the Corporation may, with the previous approval of the State Government make such alterations or modifications therein as it may think fit: Provided that the Corporation shall not omit to ratify a contract, and shall not make any alteration or modification in a contract, unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interest of the specified textile undertaking.
2. (2) The Corporation shall not omit to ratify a contract and, shall not make any alteration or modification therein, except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

25. Any person who,

1. (a) having in his possession, custody, or control of any property forming part of the specified textile undertaking, wrongfully withholds such property from the State Government or the Corporation, as the case may be, in this behalf, or
2. (b) wrongfully obtains possession of, or retains, any property forming part of the specified textile undertaking or willfully withholds or fails to furnish to the State Government, the Corporation or any person specified by the Government, or the Corporation, as the case may be, any document relating to such textile undertaking, which may be in his possession, custody or control or fails to deliver to the Corporation or any person specified by that Corporation any assets; books of account, registers or other documents in his custody relating to the specified textile undertaking, or
3. (c) wrongfully removes or destroys any property forming part of the specified textile undertaking or prefers any claim under this Act which he knows or has reasonable cause to believe to be false or grossly inaccurate shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

26.

1. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section--
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "director" in relation to a firm, means a partner in the firm.

27. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the Government or the Corporation or any officer or other person authorised by the Corporation for anything which is, in good faith done or intended to be done under this Act.

28. No proceeding for the winding up of the textile company, the right, title and interest in relation to the textile undertaking owned by which, have vested in the Corporation under this Act or, for the appointment of a receiver in respect of the business of the textile undertaking shall lie or be proceeded with in any court except with the consent of the State Government.

29.

1. (1) The State Government may, by notification, direct that all or any of the powers exercisable by it under this Act other than the power under section 30, may also be exercised by any person or persons as may be specified in the notification.
2. (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the State Government.

30.

1. (1) The State Government may, by notification make rules to carry out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :--
   • (a) the time within which and the manner in which an intimation referred to in sub-section
3. (4) of section 4 shall be given;
   • (b) any other matter which is, required to be, or may be prescribed.
4. (3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication.
5. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following.
6. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

31. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order not inconsistent with the provisions of this Act, remove the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act is first published in the Official Gazette.

32. It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause

1. (b) of article 39 of the Constitution.

Repeal and savings 33

1. (1) The Gujarat Closed Textile Undertakings (Nationalisation) Ordinance, 1985 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.