(1) No order made in exercise of any power conferred by or under this Regulation shall be called in question in any civil or criminal court.
Saving as to orders.
1 of 1872.
(2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Regulation, a court shall, within the meaning of the Indian Evidence Act, 1872, presume that such order was so made by that authority.
36, (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which Is or is deemed to have been in good faith done or intended to be done in pursuance of this Regulation or any order made or deemed to have been made thereunder.
(2) No suit or other legal proceeding shall lie against Government for any damage caused or likely to be caused by anything which is or is deemed to have been In good faith done or intended to be done in pursuance of this Regulation or any order made or deemed to have been made thereunder.
Protection of action taken under this Regulation.
37. The provisions of this Regulation shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force or any instrument having effect by virtue of any such law :
Effect of the provisions of the Regulation when Inconsistent with other law.
Provided that the provisions of this Regulation and any orders made thereunder shall have effect notwithstanding anything Inconsistent therewith contained in such other law or Instrument.
n o THE GAZETTE OF INDIA EXTRAORDINARY [PART II Saving. 38. No prohibition, restriction or disability imposed by or under this Regulation, unless otherwise expressly provided by any order made by the Governor or by an officer specially authorised by the Governor in this behalf, shall apply to anything done by, or under the direction of, any public servant acting in the course of his duty as such public servant.
Non-compliance with the provisions of the Regulation or any orders made thereunder.
39. If any person to whom any provision of this Regulation relates or to whom any order made in pursuance of any such provision is addressed or relates or who is in occupation, possession or control of any land, building, vehicle or other thing to which such provision relates or in respect of which such order is made, fails without lawful authority or excuse, himself, or in respect of any land, building, vehicle or other thing of which he is in occupation, possession, or control, to comply with such provision or order, he shall be deemed to have contravened such provision or order.
Delegation of powers and duties of the Governor.
40. The Governor may, by notified order, direct that any power (other than the power given to him under section 41 to make rules) or duty which is conferred or imposed by any provision of this Regulation upon the Governor shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by the Deputy Commissioner.
Power to make rules.
41, (1) The Governor may, by notification, make rules lor carrying out the purposes of this Regulation.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the appointment, jurisdiction, control and functions of authorities empowered to grant licences;
(b) the form in which and the conditions subject to which any licence may be granted, varied, suspended or cancelled;
(c) the period for which any licence shall continue to be in force;
(d) the maintenance of records or accounts of anything done under a licence other than a licence under clause (a) of section 14, the form of, and the entries to be made in, such records or accounts and the exhibition of such records or accounts to any police officer or to any officer of Government empowered in this behalf;
Sac. 1] THE GAZETTE OF INDIA EXTRAORDINARY m
(e) the entry and inspection by any police officer or by any officer of Government empowered in this behalf of any premises or other place in which controlled articles are manufactured or kept by any person holding a licence and the exhibition of the same to such officer;
(f) the production of a licence by any person holding the same or acting thereunder and of the controlled article covered by such licence, when called upon to do so by any police officer or any officer of the Government empowered in this behalf;
(g) the procedure to be followed in arbitrations under Chapter V of this Regulation and the principles to be followed In apportioning the costs of proceedings before the arbitrator and on appeal;
(h) the manner of publication and service of notices referred to in sub-section (I) of section 31;
(i) any other matter which is to be, or may be, prescribed.
(3) Any person contravening the provisions of any rule made under this section shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
RAJENDRA PRASAD, President.
R. C. S. SARKAR, Secy, to the Govt, of India.