Chapter VII MISCELLANEOUS

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 other authority.

Any person who,—

1. (a) having in his possession, custody or control any property forming part of the undertakings of the Company, wrongfully with holds such property from the Government or the Government Company; or
2. (b) wrongfully obtains possession of, or retains, any property forming part of the undertakings of the Company; or
3. (c) wilfully withholds or fails to furnish to the Government or the Government Company or any person or body of persons specified by the Government or the Government Company, any document relating to such undertakings, which may be in his possession, custody or control; or
4. (d) fails to deliver to the Government or the Government Company or any person or body of persons specified by the Government or the Government Company, any assets, books of account, registers or other documents in his

possession custody or control, relating to the undertakings of the Company; or

1. (e) wrongfully removes or destroys any property forming part of the unertakings of the Company 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.

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;
   • (b) "director", in relation to a firm, means a partner in the firm.

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

1. (1) The Government may, by notification in the Gazette, direct that all or any of the powers exercisable by them under this Act other than the power conferred by section 30 or section 31 may also be exercised by such 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 Government.

1. (1) The Government may, by notification in the Gazette, make rules for carrying 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 shall be given to the Commissioner under sub- section (2) of section 4;
   • (b) the form and manner in which, and the conditions under which, the Custodian shall maintain the accounts as required by section 11;
   • (c) The manner in which the monies in any provident fund or other fund referred to in section 13 shall be dealt with;
   • (d) any other matter which is required to be, or may be, prescribed.
3. (3) 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 fourteen 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, 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 appointed day.

1. (1) The Super Clays and Minerals Mining Company (Private) Limited (Acquisition of Undertakings) Ordinance, 1983 (38 of 1983), 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.