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 instruments having effect by virtue of any law other than this act, or in any other decree or order of any Court, Tribunal or other authority.

(1) Where any property appertaining to any educational institutions has been transferred to, and vested in the State Government under this Act,— (i) every person in whose possession custody or control any such property may be, shall on demand by the State Government deliver the property to the State Government forthwith; (ii) any person who, immediately before such vesting has, in his possession custody or control any books documents or other papers relating to the educational institution shall be liable to the accounts for the said books, documents and papers to the State Government and shall deliver them up to the State Government or such person as the State Government authorise in this behalf. (2) Without prejudice to other provisions contained in this section it shall be lawful for the State Government to take all necessary steps for taking possession of all properties which have been delivered to and vested in it under this Act.

(1) Every contact entered into by an educational institution for any service, sale or supply, and in force immediately before the appointed day, shall, unless terminated under sub-section (2) within a period of two years from the appointed day continue to be in full force and effect against or in favour of the State Government. (2) The State Government may if it is of opinion that any contract referred to in sub-section (1) is unduly onerous or has been entered into in bad faith or is detrimental to the interest of the Government by order in writing, either terminate such contract or make such alteration or notifications therein as it may think fit: Provided that the State Government shall not terminate any contract or may make alterations or modifications 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 such termination alteration or modifications as the case may be.

Any person who— (a) having in his possession custody, or control any property forming part of any educational institution, wrongfully withholds such property from the State Government, (b) wrongfully obtains possession of, or retains any property forming part of any educational institution, or (c) wilfully withholds or fails to furnish to the State Government or any person specified by the State Government any books, documents or other papers relating to any educational institution which may be in his possession custody or control; or (d) fails to deliver to the State Government any assets, books of account register or other documents in his possession custody or control relating to any educational institution ; or (e) wrongfully uses any property forming part of any educational institution; or (f) wrongfully removes or destroys any property forming part of any educational institution, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 5,000 or with both.

(1) Where an offence under this Act, has been committed by an educational institution, every person, who at the time the offence was committed, as in charge of, and was responsible to, the educational institution for the conduct of the business of the educational institution, as well as the educational institution, 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 this Act, has, been committed by an educational institution and it is proved that the offence has been committee with the consent or connivance of, or is attributable to, any neglect on the part of, any teacher, employee or other officer of the educational institution, such teacher employee or other officer 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 of its officers or other employees for anything which is in good faith done or intended to be done under this Act.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no Court shall take cognizance in any offence against this Act except on a complaint, in writing made by the State Government or by any officer authorised in this behalf by the Government.

Every officer of the State Government shall be indemnified by the State Government against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this Act, except such as have been caused by his own willful act or default.

If any difficulties arise 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 two years from the appointed day.

(1) The State Government may, by notification make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality o: the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the terms and conditions of the service of persons employed in the educational institution : (b) any other matter which may be or required to be prescribed. (3) Every rule made by the Government under this Act shall be laid after it is made, before the State Legislative Assembly while it is in session for a total period of third days, which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or successive sessions as aforesaid the Legislative Assembly make any modification in the rule by way of amendment or repeal, 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 repeal shall be without prejudice to the validity of anything previously done under that rule.