Chapter IV MISCELLANEOUS

Act to have overriding effect -

The provisions of this Act or any notification, order or rule made thereunder, shall have effect notwithstanding anything inconsistent therewith contained in any State Law (other than this Act) or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any court.

Application of the Companies Act, 1956 -

1. (I) Notwithstanding anything contained in the Companies Act, 1956, or in the memorandum or articles of Association of either of the tea companies, so long as management of the tea units remain vested in the State Government,-

1. (a) it shall not be lawful for the shareholders of either of the tea companies or any person to nominate or appoint any person for the management of the tea units ;
2. (b) no resolution passed at any meeting of the share holders of either of the tea companies in relation to a tea unit concerned on or after the appointed day shall be given effect to unless approved by the StateGovernment.

1. (2) Subject to the provisions contained in sub-section (I), and to the other provisions contained in this Act the Companies Act, 1956, shall continue to apply to the tea companies in relation to the respective tea units only in the same manner as it applied thereto before the appointed day.
2. (3) The provisions of this Act shall not be in derogation to the provisions of the Tea Act, 1953 or any other central law relating to Tea Industry and nothing contained in this Act shall exempt any person or body of persons, who may, for the time being, be entrusted with the management of a Tea Unit under this Act from the operation of the provisions of any such Central Law.

Exclusion of period of operation of this Act from limitations -

In computing the period of limitation prescribed by any law for the time being in force for any suit or application against any person by either of the Tea Companies in respect of any matter arising out of any transaction in relation to any of the Tea Units, the time during which this Act remains in force shall be excluded.

Protection of action taken in good faith -

1. (I) No suit, prosecution or other legal proceeding shall lie against the custodian or any officer employees of the State Government or the custodian 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 State Government or the custodian or any of the officers or other employees of the State Government or the custodian 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.

Power to terminate contracts of employments -

If the custodian is of the opinion thatany contract of employment entercd into by either of the Tea Companies or any managing agent or managing or other Director of either of the Tea companies in relation to the concerned Tea Unit at any time before the appointed day is unduly onerous, he or it may, subject to the provisions of the Industrial Disputes Act, 1947 modify the terms and conditions of service embodied in that contract after giving the employees an opportunity of stating his case or terninate such contract of employment after giving him one month's notice in writing or salary or wages for one month in lieu thereof.

Penalties -

1. (1) Any person, who-
   • (a) having in his possession or custody or under his control any property forming part of any Tea Unit or either of the Tea Companies in relation to the undertaking of a tea unit, wrong fully withholds such properties from the custodian or any person authorised under this Act; or
   • (b) wrongfully obtains possession of any such property ; or
   • (c) wilfully retains any property forming part of any Tea Unit or removes or destroys it ; or
   • (d) wilfully withholds from, or fails to deliver, the custodian or any person authorised under this Act, any books, papers or other documents relating to any Tea Unit which may be in his possession, power or custody or under his control, or
   • (e) fails, without any reasonable excuse, to furnish information or particulars as provided in sub-section
2. (8) of section 4,

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) No court shall take cognizance of offence punishable under this section except with the previous sanction of the State Government or an officer authorised by the State Government in this behalf.

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. (2) Notwithstanding anything contained in sub-section (1), where an 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 the offence and shall be liable to be proceeded against and punished accordingly. Explanation :- For the purpose 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 of the firm.

Power to make rules - (1) The State Government, may, by notification, make rules for carrying out the provisions of this Act. (2) 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 fourteen 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 any thing previously done under that rule.

Repeal and saving - (1) The Tripura Tea Companies (Taking Over of Management of Certain Tea Units) Ordinance, 1986, is hereby repealed. (2) Notwithstanding such repeal anything done or action taken under the said Ordinance, shall be deemed to have been done, or taken under the corresponding provisions of this Act.