(1) After examining the claims with reference to the priorities Admiwfom set out in the Schedule, the Commissioner shall fix a certain date on orreje«ti«tt or before which every claimant shall file the proof of his claim. °* claitm.
(2) Not leas than fourteen days' notice of the date so fixed shall be given, by advertisement in one issue of any daily newspaper in the English language having circulation in the major part of the country and one issue of any daily newspaper in such regional language as the iqo TUB tiAi&TTE &F INDIA tixfRAOBXtlNARY L̂AHT fi— Commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the period specified in the advertisement.
(3) Every claimant who fails to file the proof of his claim within the time specified by the Commissioner shall be excluded from the disbursements made by the Commissioner.
(4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the Company an opportunity of refuting the claim and after giving th© claimant a reasonable opportunity of being heard, by order In writing, admit or reject the claim in whole or in part.
(5) The Commissioner shall have the power to regulate his awn procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sittings and shall, for the purpose of making an Investigation under this Ordinance, have the same powers as are vested in a civil court under the Code of Civil Procedure^ 1908, while trying a suit, in respect of the following matters, namely:— 5 of 1908.
(a) the summoning and enforcing the attendance of any witness and examining him on oath;
(b) the discovery and production of any document or other material object producible as evidence;
(c) the reception of evidence on affidavits;
(d) the issuing of any commission for the examination of witnesses.
(6) Any investigation before the Commissioner shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a civil 4S of 1"8* court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. 2 of 1&74.
(7) A claimant, who is dissatisfied with the decision of the Commissioner, may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the Company is situated:
Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, the appeal shall lie to the High Court of Punjab and Haryana and such appeal shall be heard and disposed of by not less than two Judges of that High Court.
Disburse- 32. After admitting a claim under this Ordinance, fhe amount due in ment of respect of such claim shall be paid by the Commissioner to the person or iT^the persons to whom such amount is due, and, on such payment, the liability Commls. ot the Company in respect of any claim relating to the undertakings of sioner to the Company shall stand discharged. • claimants.
Disburse- 23. CO If, out of the monies paid to him in relation to the undertakings ment of of the Company, there is a balance left after meeting the liabilities as * m o " n t s specified in the Schedule, the Commissioner shall disburse such balance Company. t o t h e Company.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 491
(2) Where the possession of any machinery, equipment or other property) has vested in the Central Government or a Government company under this Ordinance, but such machinery, equipment or other property does not belong to the Company, it shall be lawful for the Central Government or the Government company to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by the Company immediately before the appointed day.
24. Any money paid to the Commissioner which remains undisbursed Undisburor unclaimed on the date immediately preceding the date on which the ^ . j ^ m d office of the Commissioner is finally wound up, shall be transferred by a m o u n t the Commissioner, before his office is finally wound up, to the general to be revenue account of the Central Government; but a claim to any money deposited so transferred may be preferred to the Central Government by the per- ^ J ^ son entitled to such payment and shall be dealt with as if such transfer revenue had not been made, and the order, if any, for payment of the claim, account, being treated as an order for the refund of revenue.
CHAPTER VII MISCELLANEOUS
25. The provisions of this Ordinance shall have effect notwithstanding Ordinance anything inconsistent therewith contained in any other law for the time t o h a v^ , , . , , - • » , . , i overridinf being in force or in any instrument having effect by virtue of any law, e ^ e c t other than this Ordinance, or in any decree or order of any court, tribunal or other authority.
26. Every contract entered into by the Company in relation to its Contract's undertakings, which has vested in the Central Government under sec- t o ^ a v e tion 3, for any service, sale or supply and in force immediately before effect the appointed day, shall, on and from the expiry of one hundred and unless eighty days from the appointed day, cease to have effect unless such ^ t l ^ e d . ^ contract is, before the expiry of that period, ratified, in writing, by the Q o v e r n .
Central Government or Government company, in whicK such undertak- ment or ings have been vested under this Ordinance, and in ratifying such con- Govemtract, the Central Government or such Government company may make m e n t such alteration or modification therein as it may think fit:
Provided that the Central Government or such Government company shall not omit to ratify a contract and shall not make any alteration or modification in a contract—
(a) unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the Central Government or such Government company, and
(b) except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.
TH. (1) No suit, prosecution or other legal proceeding shall lie against ^ ^ j ^ 1 1 the Central Government or any officer of that Government or the Gov- °ak a e c n °^ ernment company or the Custodian or any officer or other person autho- gOOd faith, 4g2 THE GAZETTE OF INDIA EXTRAOBTHNARY [PART II— rised by the Central Government or the Government company for anything which ib in good faith done or intended to be done under this Ordinance. (
(2) No suit or other legal proceeding shall lie against the Central Government or any of its officers or other employees or the Government company or the Custodian or any officer or other person authorised by the Central Government or the Government company for any damage caused or likely to be caused by anything which is in good faith done or Intended to be done under thig Ordinance.
Delegation 28. (1) The Central Government may, by notification, direct that o powers. ajj w ^ ^ Qj t^e powers exercisnble by it under this Ordinance, other thafi the power conferred by this section, section 31 and section 32, 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 Central Government.
Penalties, 29- Any person who,—
(a) having in his possession, custody or control any property forming part of any undertakings of the Company, wrongfully withholds such property from the Central Government or the Government company; or
(b) wrongfullv obtains possession of, or retains, any property forming part of, the undertakings of the Company; or
(c) wilfully withholds or fails to furnish to the Central Government or the Government company or to anv person or body of persons specified by that Government or such Government company, as the case mav be, anv document relating to the "undertakings of the Company, which may be in his possession, custody or control; or
(d) fails to deliver tn the Central Government or the Government company or to any person or body of persons fnecified by thRt.
Government or Government company, anv nssets. books of account, registers or other documents in Vs possession, custody or control, relating to the undertakings of the Company; or
(e) wrongfully removes or destroys any property froming part of the undertakings of the Company; or
(f) prefers any claim under this Ordnance which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which extend to ten thousand rupees- pr with both.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 493