Amendment status not verified — confirm the current text below against the official source.
Offences by companies.—() Wherç an offence under this Act has been committed by a company, every person, who at the time of offence was committed was in charge of, and was responsible to the company for the conduct of the business of the cimpany, 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 contain din this sub-section shall render any such person liable to any punishment, 1: he proves that the offence was committed without his knowledge, or that he I ad exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anyth &ng contained in sub-section (1), where any offence under this Act has been c minitted by a company and it is proved that the offence has been committed with the consent or commission of, or is attractable to, any neglect on thi part of every officer of the company, such officer of the company shall be d emed to be guilty of that offence and shall be liable to the proceeded against aid punished accordingly. Explanation—For the purpese of this section,- (a) "Company" means at .y body corporate and includes a firm, a Co- • operatite Society or other Assoc iation of individuals; 32 "Officer of the Company" means the Managing Director, Director0 Secretary, Treasurer or Manager of the Company and includes, the office bearers of a firm, Co-operative Society or other Association of individuals; "Director" in relation to a firm means a partner of that firm. Power to recover damages—Where any person makes default in the paythent of any contribution to the Fund under this Act or the scheme, the Board may recover from him damages not exceeding twenty-five per cent of the amount of arrears, as it may think fit. Protection of Acts done in good faith—No suit or other legal proceeding shall lie against any Director of the Board or any other person in respect of anything which is in good faith done or intended to be done under this Act or under the scheme. Directions by Government.—( 1) The Government may, after consultation with the Board, give to the Board, general directions to be followed by the Board. (2) In the exercise of the power and performance of its duties under this Act, the Board shall not depart from any general directions issued under sub-section (1) except with the previous permission of the Government. Power to order inquiry.—(l) The Government may, at any time, appoint, an officer not below the rank of a Joint Secretary to the Government to enquire into the working of the Board and to submit a report to the Government. (2) The Board shall give the person so appointed, all facilities for the proper conduct of the enquiry and furnish to him such documents, accounts and information in the possession of the Board, as he may require. - Power to supersede- Board.—(1) If, on consideration of the report under section 26 or the enquiry report under section 23 or otherwise, the Government are of opinion that the Board has persistenly made 4efault in the performance of the duties imposed on it by or under the provisions of this Act or the scheme or has exceeded or abused its powers, the Government may, by flotification in the Gazette, supersede the Board for such period not exceeding six months as may be specified in the notification: Provided that, before issuing •a notification under this sub-section, the Government shall give a reasonable opportunity to the Board to show caus why it 33 should not be superseded and shall consider the explanation and objections, if any, of the Board. (2) Upon the publication of a notification under sub-section (1),- all the Directors of the Board shall, as from the date of such publication, be deemed to have vacated their offices as such Directors; and all the powers and duties which may be exercised or perform$ by the Board shall, during the period of supersession, be exercised or performed by such officer or officers, as may be specified in the notification; and all funds and other properties vested in the Board shall, during the period of supersession, vest in the Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Government shall reconstitute the Board in the manner provided under section 6. Audit of accounts of the Board and appointment and remuneration of Auditors— (I) The Government shall appoint auditors to audit the accounts of the Board. (2) The Board shall pay to the said auditors, such remuneration as the Government may direct. - (3) The accounts of the Board shall be examined and audited once in every year by such auditors. Annual report and audited statement of accounts.( 1) The annual report of the Board shall be prepared by the Chief Executive Officer, under the direction of the Board, and after approval by the Board, a copy of the report together with the audited statement of accounts shall be submitted to the Government before the nd of July every year. (2) The Government shall, as soon as the annual report is received, together with the audited statement of accounts, to be laid on the table of the Legislative Assembly. Bar of jurisdiction of Civil Court.— No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or undcr this Act or the scheme required to be settled, decided or dealt with or to be determined by the Government or the Board or the Labour Commissioner or any 314872107/DTP. 34 other officer authorized by the Labour Commissioner or the Chief Executive officer or any officer authorized by the Board. Special provisions for transfer of accumulations from existing Welfare Funds.—The sums standing to the credit of a member in any existing welfare ftind on the date of commencement of this Act shall stand transferred to and credited to the find established under this Act and the liability of such member topay contribution to such welfare hind shall cease from such date. Remo al of dffIculries.—(i) Where any difficulty arises ingiving effect to the provisions of this Act, the Government may, by notification in the Gazette, as occasion may require, do anything, which are considered necessary for them and not inconsistent with the provisions of this Act or the rules made thereunder, for the purpose of removing the difficulty: Provided that no such order shall be passed alter the expiry of two years from the date of conin-lencement of this Act. (2) Every order passed under sub-section (1) shall be placed before the Legislative Assembly. 30, Power to make rules.—( I) The Govermnent, may by nod iication in the Gazette, make rules, either prospectively or retrospectively for the purpose of carrying into effect the provisions of this Act. (2) Every rule made under this Act shall be laid as soon as may be, after it is made, before the Legithfive Assembly while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the sessip immediately following, the Legislative Assembly makes any modifièation in the or decide that the rule should not be made, the rule shall, thereafter have ef ect -, 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.