Amendment status not verified — confirm the current text below against the official source.
No Court shall take cognizance of an offer'ce oF°Offences punishable under this Act, except with the pre- with previous vious sanction of the State Government or of an san ction onxv a u tfro rjsC(j fry Government in this behalf. offences by 30, (l) where an offence under this Act has companies. fre e n committed by a company, every person who at the time when the offence was committed, was insharge of. and was responsible to the Company for conduct of business of the Ccmpany, as well as the Company, shall be deemed to be guilty of offence and shall be liable to be proceeded against and pun ished 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 commis sion of such offence. (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 con sent or connivance of, or is attributable to any neglect on the part of any Director, Manager, Secretary or ether officer, then such Director, Mana ger, Secretary or officer, shall be deemed to be guilty of that offence and shall be liable to be preceded against and punished accordingly. THE AgSAM GAZETTE, EXTRAORDINARY, SEPT. 25, 1990 797 Explanation ; For the purposes of this section— (a) “company” means any body corpo rate, and includes a firm or other association of indivi duals ; and (b) ‘‘director ’ in relation to a firm, means a partner in the firm. fctwn^uken $3. (1) No suit, prosecution or other legal pre- n'good fai'h.ceeding shall lie against the Sfate Government or any officer of that Government or the Government Company or other person authorised by that Go vernment Company for anything which is done or intended to be done under this Act in good fadh. (2) No suit, prosecution or other legal pro ceedings shall lie against the State Government or aov of its officers or other employees of the Go vernment Company or any officer or other person authorised by the Government Company for any damage caused or likely to be caused by anything which is done or intended to be done under this Act in good faith. SeI<?w-°sn 34-{l) The State Government may, by notifi- pow r8- cation, direct that all or any of the powers exer cisable by it under this Act, other than the powers conferred by section 35 may, also be exercised by such person or persons, as may be specified in the notification, (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the State Government. 35.(1) The State Government may, by notifi- ma ernes c a |j Qn r u ieS for carrying out provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rule may provide for all or any of the following matters, namely 798 TH E ASSAM GA ZETTE, EX TR A O R D I. n ARY, SEPT. 25, 1S<>0 (a) the time within which, and the manner in which, an intimation referred to in sub-section (2) of section 4 shall be given ; (b) the form and the manner in which and the conditions under which, the Government Com pany shall maintain the accounts as required by section 13 ; (c) the manner in which moneys in any provident fund or other fund referred to the section 15 shall be dealt with ; (d) any other matter which is required to be or may be prescribed. (3) Every rule made by the State Government under this Act, shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of thirty 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 aforesaid, the State Legislature agrees in making any modifica tions in the rule or the State Legislature agrees 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. Any such modification or annulment shall, however,, be with out prejudice to the validity of anything previously done under that rule. power to