Chapter IX MISCELLANEOUS

1. (1) The officer authorised by the State Government by general or special order in this behalf (hereinafter in this Chapter referred to as "the authorised officer"), may-
   • (a) inspect or cause to be inspected the accounts and offices of the Authority, the Truck Terminal and any other establishment controlled by the Authority;
   • (b) hold enquiry into the affairs of the Authority;
   • (c) call for any return, statement, accounts or report which he may think fit to require such Authority to furnish;
   • (d) call for and examine the proceedings of the Authority;
   • (e) require the Authority to take into consideration,-
     • (i) any objection which appears to him to exist to the doing of anything which is about to be done by or is being done by or on behalf of such Authority, and to make a written reply within a specified or reasonable time stating its reasons for doing such thing; or
     • (ii) any information which he is able to furnish and which appears to him to necessitate the doing of a certain thing by such Authority, and to make a written reply to him within a specified or reasonable time stating its reasons for not doing such thing;
   • (f) direct that anything which is about to be done should not be done, pending consideration of the reply; and
   • (g) direct that anything which is required to be done, but is not being done, should be done which such time as he may specify.
2. (2) If the Authority fails to comply with the order made or direction issued under sub-section (1), the authorised officer may direct the Chief Executive Officer to comply with such order and the Chief Executive Officer shall immediately comply with such direction.

1. (1) Any officer, servant or member (including the Chairman and the Chief Executive Officer) of the Authority shall furnish such information in his possession in regard to the affairs or proceedings of the Authority as the authorised officer may require him so to do.
2. (2) An officer holding an enquiry into the affairs of the Authority or examining the proceedings under section 50 shall have powers to summon and enforce the attendance of any officer, servant or member including the Chairman or the Chief Executive Officer of the Authority and to compel him to give evidence and to produce documents by the same means and as far as possible in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908 (V of 1908). The officer shall thereafter submit a report of the enquiry or examination so made by him to the State Government.

Where the State Government or the authorised officer has reason to believe that the books and records of Authority are likely to be tampered with or destroyed or the funds or property of the Authority are likely to be misappropriated or misapplied, the authorised officer may seize and take possession of such books and records, funds and property of the Authority and the officers, servants or members (including the Chairman and Chief Executive Officer), of the Authority responsible for the custody of such books, records and property shall give delivery thereof to the authorised officer.

1. (1) The Authority shall exercise its powers and perform its duties under this Act in accordance with the policy framed and guidelines, if any, laid down from time to time, by the State Government for carrying out the purposes of this Act.
2. (2) The Authority shall be bound to comply with such direction which may be issued, from time to time, by the State Government in public interest for efficient administration of this Act.
3. (3) If, in connection with the exercise of the powers and performance of the duties of the Authority under this Act, any dispute arises between the Authority and the State Government, the matter shall be decided by the State Government and its decision shall be final.

1. (1) The Authority shall, as soon as may be, after the end of each financial year, prepare and submit to the State Government, a report giving an account of its activities during the previous financial year, a statement of receipt and disbursement for the previous year and a statement of operation of Truck Terminal Fund during the previous year, and the report shall also give an account of the activities, if any which are likely to be undertaken by the Authority during the next financial year.
2. (2) The State Government shall cause every such report to be laid before the State Legislature as soon as may be after it is submitted.

The Chairman, the Chief Executive Officer, members and other officers and servants of the Authority shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act or the rules or regulations made thereunder to be public servants, within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

1[56. Protection of action taken in good faith.-No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder.]

Any sum due to the Authority on account of any charge, costs, expenses, fees, rent, compensation or on any other account under the provisions of this Act or any other rule or regulation made thereunder or any agreement made with the Authority shall be recoverable from the person from whom such sum is due, in the same manner as an arrear of land revenue.

The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947), or any other law corresponding thereto for the time being in force in any part of the State,-

1. (a) shall not apply to any land, building or premises belonging to or vesting in the Authority under or for the purposes of this Act;
2. (b) shall not apply as against the Authority, to any tenancy, licence or other like relationship created by the Authority in respect of any lands, buildings or premises; but,
3. (c) shall apply to any land or building or premises let to the Authority.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) All rules made under this Act shall be subject to the condition of previous publication.
3. (3) Every rule made under this section 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 expiry of the session in which it is so laid or session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, 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.

The Authority may with the previous approval of the State Government make regulations consistent with this Act and the rules made thereunder for all or any of the matters to be provided under this Act by regulations and generally all other matters for which provision is in the opinion of the Authority, necessary for the exercise of its powers and the discharge of its functions under this Act.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may as occasion arises, by order do anything, not inconsistent with such provisions, which appears to it to be necessary or expedient for the purposes of removing the difficulty: Provided that, no order shall be made under this section after the expiry of two years from the appointed day.