Chapter M Chapter M

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

(1) Every contract or agreement (including any contract of employment or other arrangement) entered into at any time by the Society in relation to institute the management of which has vested in the State Government under Section 3, and in force immediately before the appointed day, shall on and from the date of expiry of ninety days from the appointed day, cease to have effect unless such contract or agreement or other arrangement has been, before the expiry of that period, ratified, in writing by the State Government, and in ratifying such contract or agreements or other arrangement, the State Government may make such alterations or modifications therein as it may think fit: Provided that he State Government shall not omit any condition of, or ratify any contract or agreement or other arrangement and shall not make any alteration or modification therein,- unless it is satisfied that such contract or agreement or other arrangement is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the Institute; and except after giving the parties to the contract or agreement or other arrangement a reasonable opportunity of being heard and except after recording in writing, its reasons for refusal to ratify the contract or agreement or other arrangement or for making any alteration or modification therein. (2) Notwithstanding anything contained in any law for the time being in force, no person in respect of whom any contract or agreement or other arrangement is terminated altered or modified under sub-section (1), or who ceases to exercise any powers or hold any office by reason of any provision contained in sub-section (1) of Section 4, shall be entitled to claim any compensation for the premature termination of the contract or agreement or other arrangement or for any alteration or modification therein or for the loss of his powers or office.

In computing the period of limitation prescribed by any law for the time being in force for any suit or application against any person by the Society in respect of any matter arising out of any transaction relating to institute, the time during which this Act is in force shall be excluded.

(1) No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or other employee of the Government or the Administrator or any person authorised under sub-section (2) of Section 5 by the Administrator 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 any officer or other employee of that Government or the Administrator or any person authorised under sub-section (2) of Section 5 by the Administrator 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.

Any person who,- having in his possession or custody or control any asset or property forming part of or relatable to Institute wrongfully withholds such property from the Administrator or any person authorised under this Act, or wrongfully obtains possession of any such asset or property forming part of, or relatable to Institute, or wilfully retains any asset or property forming part of, or relatable to Institute or removes or destroys it, or wilfully withholds or fails to deliver any books, papers or other documents relatable to Institute which may be in his possession or custody or under his control to the Administrator or any person authorised under this Act, or fails to account therefor, or fails, without any reasonable cause, to furnish any information or particular or to furnish any inventory of properties and assets as provided in sub-section (3) of Section 7,

(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) 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,- "company" means any body corporate and includes a firm or other association of individuals and "director" in relation to a firm, means a partner in the firm.

(1) The State Government may, by notification make rules to carry out the provisions 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 additional matters which the Advisory Council shall secure under clause (c) of sub-section (3) of Section 6; (b) the term of office of, the method of filling casual vacancies among and the allowances and other remuneration, if any, payable to the members of the Advisory Council under sub-section (6).of Section 6; (c) the additional matters in respect of which the Tribunal shall have the powers of a Civil Court under clause (f) of sub-section (2) of Section 9; and (d) any other matter which is required to be, or may be, prescribed or in respect of which rules May be made, under this Act. (3) Every rule made under this Act shall be laid on the table of the Legislative Assembly.

The continuance of vesting of the management of the Institute in the State Government under the Act repealed by this Act after the expiry of the period of 3 years from the appointed day shall be and shall always be deemed to have remained validly effective and operative after the expiry of the said period as if the provisions of sub-section (1) of Section 3 were in force at all material time and accordingly all things done, proceedings and actions taken or order passed or purported to have been done or taken or passed during the intervening period by the Administrator after the expiry of said period, since the same was not extended under the proviso to sub-section (1) of Section 3 of the repealed Act, shall be and shall always be deemed for all purposes to have been validly done, taken, made or passed or started in accordance with the provisions of this Act and the validity of such things done, proceedings or actions taken or orders passed shall not be called in question in any Court of law or before any authority what so ever merely on the ground that the things done, actions or decisions taken or purported to be done or taken or any orders passed were without the authority of law.