(1) If any dispute or doubt arises as to whether any asset, right, lease- Tribunal hold, power, authority, privilege, property (whether movable or immovable) including any land, building works, workshop, project, stores, instruments machinery, automobiles or other vehicles, cash balances, funds (including reserve funds) investments and book debts forms or form part of, or is or are relatable to Institute for the purposes of section 3, such dispute or doubt shall at the request of the Society or the Administrator or any other person interested or at the instance of the State Government, be referred to a Tribunal consisting of one member (being a person who is ot has been a District Judge) to be appointed by the State Government.
(2) Te Tribunal shall, for the purposes of any reference under sub-section
(1), have all the powers of a civil court wile trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely : — summoning and enforcing the attendance of any person and examining him on oath :
requiring the discovery and production of documents producible as evidence;
recording evidence on oath;
requisitioning any public record from any court or office;
issuing commissions for the examination of witnesses or documents;
such other matter as may be prescribed.
(3) The Tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions (including the place or places at which it shall hold its sittings).
(4) All expenses incyrred in connection with the Tribunal shall be defrayed out of the Consolidated Fund of the State.
Appeal 10. Any person aggrieved by the decision of the Tribunal under section 9 may, within thirty days from the date of such decision, prefer an appeal to the High Court.
Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period aforesaid.
CHAPTER III - MISCELLANEOUS Act to have overriding effect Contracts, etc. cease to have effect unless ratified by the State Government The provisions of this Act or any notification, order or rule made there under shall have effect not withstanding anything in consistent therewith contained in any law other than this Act or in any instrument having effect by virtue of any law other than this Act of in any decree or order of any court.
(1) Every contract (including any contract of employment or other arrangement) entered into by the Society in relation to institute the management of which has vested in the State Government under section 3, and in force immediately before the appointed day, shall, on and from the date of expiry of ninety days from the appointed day cease to have effect unless such contract or other arrangement has been, before the expiry of that period, ratified, in writing by the State Government, and in ratifying such contract or other arrangement, the State Government may make such alterations or modifications therein as it may think fit :
Provided that the State Government shall not omit to ratify any contract or other arrangement and shall not make any alteration or modification therein unless it is satisfied that such contract or other arrangement is unduly onerous or has been entered into in bad faith or is detrimental to the interest of Institute, and except after giving the parties to the contract or other arrangement a reasonable opportunity of being heard and except after recording in writing, its reasons for refusal to ratify the contract or other arrangement or for making any alteration of modification therein.
(2) Notwithstanding anything contained in any law for the time being in force, no person in respect of whom any contract or agreement or other arrangement is terminated altered or modified under sub-section (1), or who ceases to exercise any powers or hold any office by -reason of any provision contained in sub-section (1) of Section 4, shall be entitled to claim any compensation for the premature termination of the contract or agreement or other arrangement or for any alteration or modification therein or for the loss of his powers or office.
Exclusion of period of operation of Act.
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 the Society in respect of any matter arising out of any transaction relating to institute, the time during which this Act is in force shall be excluded.
(1) No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or other employee of the Government or the Administrator or any person authorised under sub-section (2) of Section 5 by the Administrator for anything which is in good faith done or intended to be done under this Act.
Protection of action taken in good faith
(2) No suit or other legal proceeding shall lie against the State Government or any officer or other employee of that Government or the Administrator or any person authorised under sub-section (2) of Section 5 by the Administrator 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.
15. Any person who, — having in his possession or custody or control any asset or property forming part of or relatable to Institute wrongfully withholds such property from the Administrator or any person authorised under this Act, or wrongfully obtains possession of any such asset or property forming part of, or relatable to Institute, or wilfully retains any asset or property forming part of, or relatable to Institute or removes or destroys it, or wilfully withholds or fails to deliver any books, papers or other documents relatable to Institute which may be in his possession or custody or under his control to the Administrator or any person authorised under this Act, or fails to account therefore, or fails, without any reasonable cause, to furnish any information or particular or to furnish any inventory of properties and assets as provided in sub-section (3) of Section 7, 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.