(1) Notwithstanding anything contained in the Societies Registration Act or in the memorandum and rules and regulation of either of the Yoga Societies but subject to the provisions of sub-section (2) of sec- SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 167 tion 6, so long as the management of the undertakings of the Yoga Societies remains vested in the Central Government,—
(a) it shall not be lawful for the members of either of the two Yoga Societies or any other person to nominate or appoint any person to be a member of the Governing Body (by whatever name called of eithei of the two Yoga Societies:
(b) no resolution passed at any meeting of the members of either of the two Yoga Societj.es or at any meeting of the Governing Body (by whatever name called) of either of the two Yoga Societies, on or after the appointed day, shall be given effect to unless approved by the Central Government;
(c) no proceeding for the dissolution of either of the two Yoga Societies or for their merger with any other society or for the appointment of a Receiver in respect of any undertaking thereof shall lie in any court except with the consent of the Central Government.
(2) Subject to the provisions contained in sub-section (1) and subject to such other exceptions, restrictions and limitations, if any, as the Central Government may, by notification in the Official Gazette, specify in this behalf, the Societies Registration Act shall continue to apply to the Society in the same manner as it applied thereto before the appointed day.
CHAPTER III MISCELLANEOUS
8. Any person who,—
(a) having in his possession or custody or under his control any property forming part of the undertakings of either of the two Yoga Societies, wrongfully withholds such property from the Administrator or any person authorised under this Ordinance, or
(b) wrongfully obtains possession of any such property, or
(c) wilfully retains any property forming part of any of the undertakings of either of the two Yoga Societies or removes or destroys it, or
(d) wilfully withholds or fails to deliver any books, papers or other documents which may be in his possession or custody or under his control to the Administrator or any person authorised under this Ordinance, or
(e) fails, without any reasonable cause, to furnish information or particulars as provided in sub-section (6) of section 4 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.
9 (1) Where an offence under this Ordinance 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 Penalties Offences by companies.
168 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Exclusion of period of operation of Ordinance Ordinance to have overriding effect Protection of action taken in good faith Contracts in bad faith maybe cancelled or varied 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 (/), where any offence under this Act has been committed by a 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 company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Eocplanation.—For the purposes of this section,—
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm
10. In computing the period of limitation prescribed by any law for the lime being in force for any suit or application against any person by either of the two Yoga Societies in respect of any matter arising out of any transaction in relation to their undertakings, the time during which this Ordinance is in force shall be excluded, 11 The provisions of this Ordinance or any notification, order or rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained m any law other than this Ordinance or in any instrument having effect by virtue of any law other than this Ordinance or in any decree or order of any court.
12 (1) No suit, prosecution or other legal proceeding shall lie against the Administrator or any officer or other employee of the Central Government for anything which is 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 the Administrator or any of the officers or other employees of the Central Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Ordinance.