(1) Where any liability of a tea company arising out of any item specified in Category I of the Second Schedule is not discharged fully by the Commissioner out of the amounts paid 1o him under this Ordinance, tie Commissioner shall intimate in writing to the Central Government Disbursement of money by the Commissioner.
Disbursement of amounts to the tea companies.
Undisbursed or unclaimed amoun'ts to be deposited with the general revenue account.
Ordinance to have overriding effect.
Assumption of liability.
IO THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Management to continue to vest in certain persons until alternative arrangements have been made.
Contracts to cease effect unless ratified by the Tea Trading Corporation.
Penalties.
the extent of the liability which remains undischarged and that liability b'hall be assumed by the Central Government
(2) The Central Government may, by order, direct the Tea Trading Corporation to take over the liability assumed by the Central Government under sub-section (1), and on receipt of such direction, it shall be the duty of that Corporation to discharge such liability.
25. Notwithstanding the vesting under this Ordinance of a sick tea unit of any tea company in the Tea Trading Corporationfa) any person who has been managing the affairs of such sick tea unit before the date on which that unit had so vested shall, until alternative arrangements have been made by the Tea Trading Corporation for the management of such unit, continue to manage the affairs of the unit, as if such person had been authorised by the Tea Trading Corporation, to manage such unit;
(b) such person shall, until alternative arrangements have been made by the Tea Trading Corporation, continue to be authorised to operate, in relation to the sick tea unit of such tea company, any account of such unit in any bank as if he had been authorised by the Tea Trading Corporation to operate such account.
26. Every contract entered into by any tea company in relation to any sick tea unit owned by it which has vested in the Tea Trading Corporation under sub-section (2) of section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of a period of one hundred and eighty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified in writing by the Tea Trading Corporation, and in ratifying such contract, the Tea Trading Corporation may make such alterations or modifications therein as it may think fit:
Provided that the Tea Trading Corporation 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 Tea Trading Corporation; and
(b) except after giving 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
27. Any person who,—
(a) having in his possession, custody or control any property forming part of a sick tea unit owned by any tea company wrongfully withholds such property from the Tea Trading Corporation;
or
(b) wrongfully obtains possession of, or retains any property forming part of, a sick tea unit owned by any tea company; or SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY t l
(c) wilfully withholds or fails to furnish to the Tea Trading Corporation or any person or body of persons specified by that Corporation, any document or inventory relating to a sick tea unit owned by any tea company, which may be in his possession, custody or control; or
(d) fails to deliver to the Tea Trading Corporation or any persoa or body of persons specified by that Corporation, any assets, books of account, registers or other documents in his- possession, custody or control i elating to a sick tea unit owned by any tea company; or
(e) wrongfully removes or destroys any property forming part of a sick tea unit owned by any tea company or prefers any claim under this Ordinance which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years and also with fine which may extend to ten thousand rupees.