Chapter III MISCELLANEOUS

The provisions of this Act 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.

If any person-

1. (a) makes any claim for any payment under this Act, knowing or having reason to believe that such claim is false or without any basis; or
2. (b) when required under this Act so to do,-
   • (i) omits or fails to produce any register or record of the Company ; or
   • (ii) 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
3. (c) makes any such statement as aforesaid in any book, account, record, register or other document, he shall, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to two 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 with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer, 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 ; and
   • (b) 'director', in relation to a firm, means a partner in the firm.

No Court shall take cognizance of an offence punishable under this Act, except with the previous sanction of the State Government or of an Officer authorised by that Government in this behalf.

1. (1) Subject to the condition of previous publication, the State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
2. (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 successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification 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 or omitted to be done under that rule.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by order, do anything, which appears to it to be necessary to 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 Pulgaon Cotton Mills Limited (Acquisition of Shares) Ordinance, 1982 (Mah. Ord. XI of 1982) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any rule, order or notification issued or any appointment or delegation or claim made) under the said Ordinance shall be deemed to have been done, taken, issued or made, as the case may be, under the corresponding provisions of this Act.