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Section 27

The Bhaskar Textile Mills (Acquisition and Transfer) Act, 1986State Act of Odisha · Act 4 of 1986

(1) Whereas offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible, to the company for the conduct of the business of the company 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 contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under the Companies Act, 1956 has been committed by the textile company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the said textile company, such director, manager, secretary or other officer, as the case may be, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

28. No suit, prosecution or other legal proceeding shall lie against the State Government, or any officer of the State Government, or the Corporation or any officer or other person authorised by the Corporation for any thing which is in good faith done or intended to be done under this Act.

29. No proceeding for the winding up of the textile company, the right, title and interest in relation to the textile undertaking which have vested in the Corporation under this Act or, for the appointment of a receiver in respect of the business of such undertaking, shall lie or be proceeded within any civil court except with the consent of the State Government.

30. Delegation of powers.:- (1) The State Government may, by notification, direct that all or any of the powers exercisable by it under this Act, other than the power under section 31 may also be exercised by any person or persons as may be specified by them by notification.

(2) whenever any delegation of power is made under sub-section (1), the person to whom such power has been deligated shall act under the direction, control and supervision1 of the State Government.

Offences by companies Protection of action taken in good faith Textile Underrating not to be wound up by the Court Delegation of powers 2 of 1956 12

Where this provision sits

ActThe Bhaskar Textile Mills (Acquisition and Transfer) Act, 1986
Section27
JurisdictionState of Odisha
StatusIn force as published by the source

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