Amendment status not verified — confirm the current text below against the official source.
• " 13 the o fl ence hds been commItted WIth the con~en t or conn 1 VdJH .. e of, or J\ attnbutablc to dllY willful ncgiJgence on the part of dllY officer of the eompJny ~uch officer ol the company \hdll be deemed to be guilty of thJt offence and l>hall be llahlc. to he puni\hed accm dmgly I:'J..planatton I 01 the purpo"e of thi" ~eet1on. (d) 'Compdny' means d company defJIJed under "ectwn 3 of th<.: Compames Act, 1956 Central Act 1 of I 956) dnd mclude~ a fim1, d Co-operative Soc1ety or other a~MJCJatJon of mdJvJduaJ,, (h) 'Off1cer of the Company' mean" th<.: MJnJging Director or J'reasurer or MdnJger ol the Company and mclude~ the office bearer" of a linn or Co-operative Society or other 3\\0CiatiOn of mdividual" (c) 'Director' m Iclation to d finn 01 e-.tahlt,hmcnt medn" a pdrtneJ m that finn 18 PmH!I to reGuH!I JanW}tC!\ Vlhc1e any pcr,on make" dcf,JU!t 111 the payment of any contnbut10n to the I und under th1" Act or the Ruko., 01 the Scheme\, the Bodrd nldy recover from hm1 the dnCal amount w1th mtcrc"t .11 "uLh rate d~ may be fixed by Government from tunc to \Jmc d\ If 11 were arrcdr" of revenue due on land 19 P1 vtec..twn o( ac..twn taken tn }tOod fwth No \Uit, p1 O\CL ut10n or other lcgdl proceedmg shall he agamo.,t the Chdlrmdn o- any D1rect<lr of the Board or olf1cer ol the Board for anythmg whiLh 1\ 1r good fdllh done or mtended to be done under th1~ Act or under the Scheme' 20 /JtreL/1011\ gn·en h'y GO\·e1 nrnent ( l) 1 he (Jovernmen\ may, give general direction~ to the Board to be followed by the Bo<~rd (2) 1 he Board. except with the prcvJoU" penni~\IOn of the Government, whdc cxeru~mg the power" dnd pcrformmg Ih dut1e~ under thr' 1\<.-t .;hall not devidte from any general dm::ctiOn<; given unde1 <;ub-~ection ( 1) 21 l'owe1 to 01de1 tiUfUIIJ (1) !he Ciovcinmcnt llld)' dl dny 11111e dppomt dn ofliccr not below the ldnk of lomt Set-retdry to Government to mquuc mto the workmg of the Bodrd dnd to ~ubrmt the 1 eport to Government (2) I he Board '>hdll gtve the oflicer ~o appomtcd dll fdcilJtJc" for the proper conduct of the mquiry dnd furnish to hun such document~, accounh <1nd mformat1on 111 the poc;.,e~ston oi the Bodrd, a~ he mdy requtre 22 Power to 5upenede the Board report under sub-sectwn ( 1) of section 21 the opm10n that the Board,- (I) Jl, Jltcr cOil'>Idcra\lon ol the or othcrwi'ic, the Government dJC of 14 (a) IS unable to perform the functions Imposed on 1t, or (b) ha!> pers1~tcntly made def,lUit tn the performance of the dut1cs 1mpo!>cd on It by or under the prov1s1ons of the Act or Rule~ or Schemes, or (c) has exceeded or abused Its powers, the Government may, by notificatiOn m the Ga..:ettc, ~upcrsede the Board for such penod not cxcccdtng stx month~ as may be spccdicd tn the notdicatwn Provtded that before IS'>utng a nollftcatlon under th1s ~ub-sectton, the Government shall g1vc a rca~onablc opportumty to the Board to show cause why 1t ~hould not be superseded and shall eonstdcr the explanatiOn and obJeCtiOns, tf any, of the Board (2) Upon the pubhcatton of a not1ficat10n under ~ub-sccllon (I),- (a) all D1rector~ of the Board shall, as from the date of such pubhcatwn, be deemed to have vacated the1r offices as such Director~, (b) all the powers and duttcs wh1ch may be exerc1sed or performed by the Board !>hall, dunng the penod of ~upcrse~s10n, be exerc1sed or performed by ~uch officer or officer~. as may be specified m the nollficat!On, and (c) all funds and other propert1cs vested tn or owned or conl! oiled by the Btldrd shall, dunng the penod of '>uperse~siOn, vest 111 the Government (3) On the exp1rat10n of the pertod of supersessiOn spec1fted tn the not1ficat10n ts<;ued under sub-sccllon (I), the Government shall reconstitute the Board tn the mdnner provtded under section 8 23 Audll of account~ of the Board. appomtment and remuneratiOn of audl(nn, - (I) The accounts of the Bodrd shall, wtth the approval of • , Government, be audited by an auditor appomtcd by the Government "' (2) Such audllor <>hall audll the accounts of the Board once m every year (3) fhe salary of sut..h audttors appomtcd under sub-sectiOn (I) shall be '>uch a'> may be prescnbed by the Government and shall be patd from the I und of the Board 24 Annual report and audited ~tatement of Accounts- (I) The annual report of the Board ~hall be prepared by the Secretary, and submttted to the Board for approval /\. copy of the report together wtth the audtted statement of account~ shall be forwarded to the Government before the end of July every yedr (2) The Government shall, as c;oon a~ the annual financial statement and annual report 1s rccetved, be latd before the Lcgtslattve Assembly • • ,. '~ 15 25 Bar of JUnsdzctwn -No CIVIl court shall have JUnsdictiOn to entertam any su1t or proceedmg m respect of anythmg done, any actiOn taken under th1s Act or order or directiOn Issued by the Government or the Board or any other authonty or officer m pursuance of any power conferred on or m relatiOn to Its or h1s functiOn under thiS Act 16 Removal of difficultzes -{I) If any difficulty anses m g1vmg effect to the prov1s10ns of th1s Act, the Government may, by order published m the Gazette, make such proviSion not Inconsistent With the proVISIOns of th1s Act as appears to 1t be necessary for the purpose of removmg the difficulty Prov1ded that no such order shall be made after the expiry of a penod of two years from the commenceme"nt of this Act (2) Every order made under this sectiOn shall be la~d as soon as may be after such order IS made before the Legistative Assembly 27 Power to make Rules -{ l) The Government may, by notification, make rules for the purpose of carrymg mto effect the proviSions of th1s Act (2) Every rule made under this Act shall be la1d as soon as may be, after It IS made, before the Legislative Assembly while It IS m sessiOn for a total penod of fourteen days, wh1ch may be compnsed m one sessiOn or m two successive sessions and 1f, before the expiry of the sessiOn m wh1ch It IS so la1d or the sess1on Immediately followmg, the Legislative Assembly makes any mod1ficatwn m the rule or dec1des that the rule should not be made, the rule J shall, thereafter have effect only m such mod1fied form or be no effect, as the case may be, so however, that any such modificatiOn or annulment shall be Without preJUdice to the valtd1ty of anythmg previOusly done under that rule 28 Repeal and Savzng-{ I) The Kerala Cultural Activists' Welfare Fund Ordmance, 2010 (55 of 2010) IS hereby repealed (2) Notw1thstandmg such repeal, anythmg done or any action taken under the sa1d Ordmance shall be deemed to have been done or taken under this Act 16 SCII[I)UI I r See '>Ub-scct!On ( 6) of ~CCti0!1 31 MJ\rll.RS !"OR Wl!IC!l PROVISIONS MJ\Y Bt MJ\DL IN I IlE SCliLMJ' Rcg•~trat10n of cultural JCtiVi~l m the I und 2 ·1 he t1mc, manner and other terms and condltlom, of contnbut10n to be made 111 the I und by or on behalf of the member~ 3 I he mJttcrs to be mcludcd m the Welfare Scheme or Scheme'> to be frJmcd under sect1ons 3 and 4 4 l he mc~nncr m which accounts .,hall be kept the mvestment of money~ • bclongmg to the I und 111 accordJnce With Jny dm:ctwns •~..,ued or conditiOns ,/ ~pcuficd hy the GoYernmcnt, the prep<.~rdtion of the l3udget, the audll of Jt.count" c1nd the -,ubnw:..,,on of report<; to Government 5 'l he cond1t10n~ undci wh1ch Wlthdrc~wdl'- from the I und mc~y be permltted Jnd any dcductJon or forfc1turc may bc made and the max1mum amount of such deduction ot forfc1turc ' 6 l he form m wh1ch a member of the I und ~hall fun11sh part1cular~ c~bout hmN.:If and ill<; family, whenever reqUired 7 I he nommat10n of a pen,on to rcce1ve any famlly pensiOn of a member on hi'- death c~nd cc~neclldtton 01 vcnficatHlll of <;uch nommat10n 8 I he mJnner and the term., and condllton~ for collcctmg the amount by .r · the Board on cmcma t1cket~ of fJre exccedmg rupees twenty five 9 J\ny other mc~ttcr which ts to be provtdcd fot m the Scheme or which may be necc.,sary or proper for the purpose of unplcmcntmg the Scheme ~-, .I • I ' I I I