Chapter VII MISCELLANEOUS

Act to have overriding effect.-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 other authority.

Assumption of liability.—(1) Where any liability of the club arising out of any item specified in the Category I or item

1. (a) and
2. (b) of Category II of the Second Schedule is not discharged fully by the Commissioner out of the amounts paid to him under this Act, the Commissioner shall intimate in writing to the Government the extent of the liability which remains undischarged and that liability shall be assumed by the Government.

1. (2) The Government may, by order, direct the Government company in which the undertaking becomes vested by virtue of any direction made under sub-section
2. (1) of section 6, to take over the liability assumed by the Government under sub-section
3. (1) and on receipt of such direction, it shall be the duty of such Government company to discharge such liability.

Contracts to cease to have effect unless ratified by the Government or the Government company.—Every contract entered into by the club in relation to the undertaking, which has vested in the Government under section 4, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of a period of one month from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified in writing by the Government, or the Government company in which such undertaking has been vested under this Act, and in ratifying such contract the Government or such Government company may make such alteration or modification therein as they, or it, may think fit:

Provided that the Government or such Government company shall not omit to ratify a contract and shall not make any alteration or modification therein—

1. (a) unless they are or 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 Government or such Government company; and
2. (b) except after giving 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.

Penalties.-(1) Any person who,-

1. (a) having in his possession, custody or control any property forming part of the undertaking of the club, wrongfully withholds such property from the Government or the Government company; or
2. (b) wrongfully obtains possession of, or retains, any property forming part of the undertaking of the club; or
3. (c) wilfully withholds or fails to furnish to the Government or the Government company or any person or body of persons specified by the Government or the Government company, any document or inventory which may be in his possession, custody or control and which relates to the undertaking of the club; or
4. (d) wrongfully removes or destroys any property forming part of the undertaking of the club; or
5. (e) 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. (2) Whoever abets any offence punishable under this Act shall be liable to be punished with the punishment provided for the offence.
2. (3) Any court, tribunal or other authority trying any offence punishable under this Act may, at the time of convicting the accused person, order him to deliver up or refund, within a time to be fixed by the court, tribunal or other authority, any property wrongfully concealed or withheld and if the person fails to comply with the order, he 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.

Offences by companies.-(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.

1. (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,-
   • (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.

Limitation of cognizance of offences.-No court shall take cognizance of any offence punishable under this Act except with the previous sanction of the Government or an officer authorised by the Government in this behalf.

Protection of action taken in good faith.-(1) No suit, prosecution or other legal proceeding shall lie against the Government or the custodian or the Government company or any officer or other person for anything which is in good faith done or intended to be done under this Act.

1. (2) No suit or other legal proceeding shall lie against the Government or the custodian or the Government company or any officer or other person 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.

Cognizance of offences.—No court shall take cognizance of any offence punishable under this Act except with the previous sanction of the Government or an officer authorised by the Government in this behalf.

Power to make rules.—(1) The Government may make rules to carry out the provisions of this Act.

1. (2) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Legislative Assembly makes any modification in any such rule or the Legislative Assembly decides that the rule should not be made, the rule 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.
2. (3) 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
3. (3) of section 5 shall be given;
   • (b) the manner in which the amount referred to in sub-section
4. (2) of section 8 may be determined;
   • (c) the form and manner in which an account of the undertaking shall be maintained under sub-section
5. (3) of section 9;
   • (d) any other matter which is required to be, or may be, prescribed.

-1 33. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with such provisions which appears to them to be necessary or expedient for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the appointed day.