Chapter V MISCELLANEOUS

The Members and the staff of the Authority shall, while acting or purporting to act in pursuance of any of the provisions of this Act be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

No suit, prosecution or other legal proceedings shall lie against the State Government, the Authority or the Chairmen or other members of the Authority or any officer or employee of the State Government or of the Authority for anything which is in good faith done or purported or intended to be done in pursuance of this Act or any rules made there-under.

Whenever any sum is due to the Authority and the sum has not been paid within the time prescribed for such payment, it shall be recovered with interest at such rates as may be prescribed in the same manner as arrears of land revenue.

(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of offices shall be deemed to be guilty of the offences 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 exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an 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 that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other

(1) Any person aggrieved by an order passed by any authority or officer under this Act or any rule made thereunder may prefer an appeal to the Deputy Commissioner having jurisdiction within a period of three months from the date on which the order was communicated to him: Provided that the Deputy Commissioner may admit an appeal preferred after the period referred to in sub-section (1) if satisfied that the appellant had sufficient cause for not preferring the appeal within the period. (2) The Deputy Commissioner shall dispose of the appeal in the prescribed manner and the order passed by him shall be final.

(1) The State Government may, where no appeal is preferred under section 25, either suo-motu at any time or on an application made within the prescribed period by any person interested, call for and examine the record relating to any decision or order passed or proceedings taken by any authority or officer under this Act, for the purposes of satisfying itself as to the legality, propriety or irregularity of such decision, order or proceedings and if in any case it shall appear to it that any decision should be modified, annulled, revised or remitted for reconsideration, it may pass such order as may be deemed fit: Provided that no orders adversely affecting any person shall be passed under this sub-section unless such person has been given an opportunity of making representation. (2) The State Government may stay the execution of any such decision, order or proceeding pending exercise or its powers under sub-section (1) thereof.

The Authority may with the previous approval of the State Government after previous publication, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder to discharge its functions under this Act.

In the discharge of its functions, the Authority shall be guided by such directions and instructions not inconsistent with this Act as may be given to it by the State Government.

Nothing in this Act shall apply to fishing beyond territorial waters.

(1) The State Government may by notification and subject to the condition of previous publication make rules to carry out, all or any of the purposes of this Act. (2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State legislature while it is in session for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the session or sessions immediately following both Houses agree in making any modification in the rules or both Houses agree that the rules should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.