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 authority.

(1) Every contract entered into by the owner or occupier of the textile undertaking for any service, sale or supply and in force immediately before the appointed day shall, on and from the expiry of one hundred and eighty days from such date, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing by the Corporation and in ratifying such contract the Corporation may, with the previous approval of the State Government, make such alteration of modification therein as it may think fit: Provided that the Corporation shall not omit to ratify a contract, and shall not make any alteration or modification in a contract, unless it is satisfied that such contract is undully onorous or has been entered into in bad faith or is detrimental to the interest of the textile undertaking. (2) The Corporation shall not omit to ratify a contract and, shall not make any alteration or modification therein, except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

Any person who,- (a) having in his possession, custody or control any property forming part of the textile undertaking, wrongfully withholds such property from the State Government or the Corporation or any person authorised by the Government or the Corporation, as the case may be, in this behalf, or (b) wrongfully obtains possession of, or retains, any property forming part of the textile undertaking or wilfully withholds or fails to furnish to State Government the Corporation or any person specified by the Government or the Corporation, as the case may be, any document relating to such textile undertaking which may be in his possession, custody or control or fails to deliver to the Corporation or any person specified by that Corporation any assets, books of account, registers or other documents in Ms custody relating to the textile undertaking, or (c) wrongfully removes or destroys any property forming part of the textile undertaking 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) Whereas 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 the Companies Act, 1956 has been committed by the textile 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 said textile company, such director, manager, secretary or other officer, as the case may be, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

No suit, prosecution or other legal proceeding shall lie against the State Government, or any officer of the State Government, or the Corporation or any officer or other person authorised by the Corporation for any thing which is in good faith done or intended to be done under this Act.

No proceeding for the winding up of the textile company, the right, title and interest in relation to the textile undertaking which have vested in the Corporation under this Act or, for the appointment of a receiver in respect of the business of such undertaking, shall lie or be proceeded within any civil court except with the consent of the State Government.

(1) The State Government may, by notification, direct that all or any of the powers exercisable by it under this Act, other than the power under section 31 may also be exercised by any person or persons as may be specified by them by notification. (2) whenever any delegation of power is made under sub-section (1), the person to whom such power has been deligated shall act under the direction, control and supervision of the State Government.

(1) The State Government may after, previous publication by notification make rules to carry out any of the purposes of this Act. (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 referred to in sub-section (4) of 4 section shall be given; (b) the manner in which moneys in any provident fund or other fund deferred to in section 14 shall be dealt with; (c) any other matter which is, required to be, or may be prescribed.

If any difficulty arises in giving effect to the provisions of this Act, the State 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.

It is hereby declared that this Act, is for giving effect to the policy of the State towards securing the principles specified in clause (A) of article 39 of the State Constitution. Explanation- In this section "State" has the same meaning as in Article 12 of the Constitution.

(1) The Bhaskar Textile Mills (Acquisition and Transfer) Ordinance, 1985 is hereby repealed. (2) Notwithstanding such repeal any thing done, any action taken or notification order, instruction or direction issued under the ordinance so repealed, shall be deemed to have been done, taken or issued under the corresponding provisions of this Act.