Chapter V 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. (1) Every contract entered into by the 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 the period, ratified, in writing, by the Government and in ratifying such contract the Government may, make such aIterations or modifications therein as it may think fit : Provided that the Government 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 unduly onerous or has been entered into in bad faith or is detrimental to the interests of the undertaking.
2. (2) The Government 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,-

1. (a) having in his possession, custody or control any property forming part of the undertaking, wrongfully withholds such property from the Government or any person authorised by the Government in this behalf, or
2. (b) wrongfully obtains possession of, or retains any property forming part of the undertaking or willfully withholds or fails to furnish to the Government, or any person specified by the Government, any document relating to such undertaking which may be in his possession, custody or control or fails to deliver to the Government or any person specified by the Government any assets, books of account, registers or other documents in his custody relating to the undertaking, or Penalties.
3. (c) wrongfully removes or destroys any property forming part of the undertaking or prefers any claim under this Act which he knows or has reason 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 of 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 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 subsection (I), 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 a 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 suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government for anything which is in good faith done or to be done under this Act.

1. (1) The Government may, by notification, direct that all or any of the powers exercisable by it, under this Act, other than the power under section 17 may also be exercisable by any person or persons as may be specified in the notification.
2. (2) Whenever any delegation of power is made under sub-section (I), 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 make rules to carry out the provisions cf 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 manner in which monies in any provident or other fund referred to in section 10 shall be dealt with;
   • (b) any other matter which is required to be, or may be prescribed.
3. (3) All rules made under this Act shall be published in the Tamil Nadu Government Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
4. (4) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published.
5. (5) Every rule made or notification issued under this Act shall, as soon as possible, after it is mace or issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both. Houses agree in making any modification in any such rule by notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification 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 or notification.

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.