Chapter III MISCELLANEOUS

(1) As soon as may be after the issue of the notified order under sub-section (1) of section 3, every person having possession, custody or control of any property of the Co-operative Hospital Complex and the Academy of Medical Sciences shall deliver the property to the Board of Control or to any such person as may be authorised by the Board of control in this behalf. (2) Any person who on the commencement of this Act in his possession or under his control any books, documents or other papers relating to the undertaking, including any letters or other communications between him and any of the societies shall, notwithstanding anything contained in any law for the time being in force, be liable to account for the said books, documents and other papers (including such letters or other communications) to the Board of Control and shall deliver them upto the Board of Control or to any such person as may be authorised by the Board of Control in this behalf. (3) The Government shall take all necessary steps for securing possession of all properties of the Societies by the Board of Control

The Co-operative Hospital Complex and the Academy of Medical Sciences shall, within ten days from the date of the notified order under sub-section (1) of section 3 or within such further period as the Government may allow in this behalf, furnish to the Board of control a complete inventory of all the properties and assets (including particular of booklets and investments and belongings) of the respective society at the commencement of this Act and of all the liabilities and obligations of the respective society at such commencement and also of all agreements entered into by the respective society and in force at such commencement.

(1) For the purpose of ascertaining whether any property is the property of the Co-operative Hospital complex or the academy of Medical Sciences or for any other purpose mentioned in this Act or the rules made thereunder, any person authorised by the Government in this behalf shall have the right. (a) to enter and inspect any premises; (b) to require any person having the possession, custody or control of any register or record of the Co-operative Hospital Complex or the Academy of Medical Sciences to produce such register or record; (c) to require the occupier of any property belonging to, or claimed to be the property of, the Co-operative Hospital Complex or the Academy of Medical Sciences to submit to the person so authorised such accounts, books or other documents or to furnish to him such information as he may reasonably think necessary; and (d) to examine any person having the control of, or employed in connection with, the Co-operative Hospital Complex or the Academy of Medical Sciences and to require him to make any statement touching the affairs of the respective society. (2) Any person authorised by the Government under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

(1) If any person- (a) When required by this Act or by any order made under this Act to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or believes to be false or does not believe to be true; or (b) makes any such statement as aforesaid in any book, account, record, return or other document which he is required by any order made under this Act to submit, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both. (2) Any person who,- (a) having in his possession, custody or control any property forming part of the assets of the societies wrongfully withholds such property from the Board of Control; or (b) wrongfully obtains possession of any property forming part of the assets of the societies; or (c) wilfully withholds or fails to produce to any person authorised under this Act, any register, record or other document which may be in his possession, custody or control; or (d) fails without any reasonable cause to submit any accounts, books or other documents when required to do so, shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees, or with both.

No court shall take cognizance of an offence punishable under this Act except with the previous sanction of the Government or of an officer authorised by the Government in this behalf.

No suit, prosecution or other legal proceedings shall lie against the Government or the Board of Control or any member thereof or any other person for anything which is in good faith done or intended to be done under this Act.

The provisions of this Act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any law other than this Act or any instrument having effect by virtue of any law other than this Act.

All salaries, allowances and other remuneration paid to the Chairman and other members of the Board of Control or any other person who may be appointed or employed in connection with the affairs of the management of societies and all other expenses duly incurred in connection with such management shall be paid out of the funds of the societies.

Notwithstanding anything contained in the forgoing provisions of this Act, the Government may give such directions to the Board of Control, as the Government may deem fit, for the proper management of the undertaking of the medical college, hospital and the societies and the Board of Control shall comply with such directions.

(1) The Government may, by notification in the Gazette, make rules to carry out 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 the Legislative Assembly while it is in session for a total period of forteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides 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 Government may, by order, as occasion requires, do anything not inconsistent with the provisions of this Act which appears to them to be necessary for the purpose of removing the difficulty.

(1) The Kerala Co-operative Hospital Complex and the Academy of Medical Sciences (Taking over the Management) Ordinance, 1997 is hereby repealed. (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.