Chapter VI MISCELLANEOUS

Save as otherwise provided in section 14 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 judgement, decree or order of any court, tribunal or any other authority.

Every contract entered into by the legal representatives or heirs or transferees in relation to the Palace which has vested in the State Government under section 4 and in force immediately before the appointed day, shall on and from the expiry of thirty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified in writing by the Board and in ratifying such contract, the Board may make such alteration or modification therein, as it may think fit: Provided that the Board shall not omit to ratify a contract and shall not make any alteration or modification in a contract,- (a) unless it is satisfied that such contract is unduly onerous or has been entered into in badfaith or is detrimental to the interest of the Board; and (b) except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusing to ratify the contract or for making any alteration or modification therein.

(1) No suit, prosecution or other legal proceedings shall lie against the State Government or the Board, or any officer or other employee of the State Government or the Board or other person authorised by the State Government or the Board for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against the State Government or the Board or any officer or other employee of the State Government or the Board or other person authorised by the State Government or the Board for any damage caused or likely to be caused by anything which is in good faith done or intended to be done.

Any person who,- (a) having in his possession, custody or control of any property forming part of the Palace wrongfully withholds such property from the State Government or the Board; or (b) wrongfully obtains possession or retains any property forming part of the Palace; or (c) wilfully withholds from or fails to furnish to the State Government or the Board or to any person or body of persons specified by the State Government or the Board, as the case may be, any document or inventory relating to the Palace which may be in his possession, custody or control; or (d) wrongfully removes or destroys any property forming part of the Palace; or (e) 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.

(1) Where any offence under this Act has been committed by a company every person who, at the time the offence was committed was in charge 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) 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 the 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 purpose of this section,- (a) ‘ company’ means any body corporate and includes a firm or other association of individuals; (b) ‘director’ in relation to a firm, means a partner in the firm.

The State Government may call for and examine the records of the Board or the Executive Officer in respect of any proceeding to satisfy itself as to the regularity of such proceedings or correctness, legality or propriety of a decision or an order passed therein. (2) If it appears to the State Government that the decision or order should be modified, reversed or remitted or reconsidered, it may pass an order accordingly. (3) The State Government shall not pass any order affecting any person under sub-section (2) without giving him an opportunity of being heard. (4) The State Government may stay the execution of any decision or order of the nature referred to in sub-section (1) pending the exercise of its powers under sub-section (2).

(1) The State Government may by notification direct that all or any of the powers exercisable by them under this Act, other than the powers conferred by sections 41 and 42 may also be exercised by such person or persons as may be specified in the notification. (2) Whenever any delegation of power is made under sub-section (1) the person to whom such power is delegated shall act under the direction, control and supervision of the State Government.

(1) The State Government may by notification, make rules for carrying out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers 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 (4) of section 5 shall be given; (b) the convening of meetings and the transaction of business of the Board under section 24; (c) the restrictions and conditions subject to which the Executive Officer may exercise his powers and perform his duties under section 27; (d) the conditions subject to which the Board may borrow any sum under section 30; (e) other purposes for which the Fund may be utilised under section 31; (f) the preparation of the budget estimates for the Board under section 33; (g) the maintenance and custody of the accounts, records and the documents of the Board; (h) any other matter which is required to be or may be prescribed. (3) A rule under this Act may be made with retrospective effect and when such rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature. (4) Every rule made by the State Government 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule 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.

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 difficulties: Provided that no such order shall be made after the expiry of a period of two years from the appointed day.

On and from the appointed day all notifications issued under any of the provisions of the Land Acquisition Act, 1894 in respect of the Palace shall stand withdrawn and proceedings if any taken in pursuance of such notification shall abate.