LexThe Punjab Gobind Singh Medical College Faridkot (Acquisition and Miscellaneous Provisions) Act, 1978
Punjab · state statute
Open in Lexace · Ask the AI about this actPUNJAB GOVT GAZ. (EXTRA.), OCT. 12, 1978 (ASVINA 20, 1 900 SAKA) PART I DEPARTMENT OF LEGISLATIVE AFFAIRS Notification The 12th October, 1978 No. 47-Leg. /78The following Act of the Legislature of the State of Punjab received the assent of the President of India on the 7th PUNJAB ACT No. 32 OF 1978 THE PUNJAB GURU GOBIND SINGH M¸DICAL COLLEGE, FARIDKOT (ACQUISITION) AND MISCELLANEOUS PROVISIONS ACT, 1978 AN ACT 97 to provide, in the public interest, for the acquisition of the Guru Gobind Singh Medical College, Faridkot, with a view to securing proper functioning of that College and thereby ensuring better facilities for medical education and for matters connected therewith and incidental thereto. WHEREAS the trust in respect of the Guru Gobind Singh Medical College was promoted with a donation of only one thousand one hundred rupees and the assets pertaining to the said College have grown out of grants by the State Government and other public funds ; AND WHEREAS the said College has not been functioning properly and consequently the purpose of the grants made by the State Government to the said College has been frustrated and the State is, to that extent, denied the facilities for medical education ; AND WHEREAS it is necessary in the public interest to provide for the acquisition of the said College with a view to securing proper functioning of that College and thereby ensuring better facilities for medical education; BE it enacted by the Legislature of the State of Punjab in the Twenty ninth Year of the Republic of India as follows : CHAPTER I PRELIMINARY 1. () This Act may be called the Punjab Guru Gobind Singh Medical Short title and College, Faridkot (Acquisition) and Miscellaneous Provisions Act, 1978. (2) It shall be deemed to have come into force on the 14th day of Jujy. 1978. 2. In this Act, unless the context otherwise requires, (a) *appointed day" means the date on which this Act comes into force: (c) "State Government" means the Government of the Punjab: Commencement, (b) "Guru Gobind Singh Medical College" means the institution known as the Guru Gobind Singh Medical College, Faridkot, together with the dispensaries attached thereto and used in connection therewith, and includes all lecture-rooms, museums, laboratories, libraries, hostels and boarding houses used in connection with, or as accessories to, or adjuncts of, the said College; State of (d) "trust" means the Gåru Gubind Singh Lducativnal Trust i Definitions. October, 1978, and is hereby published for general information i PUNJAB GOVT GAZ. (EXTRA), OCT. 12, 1978 97 (ASVINA 20, 1900 SAKA) PART | DEPARTMENT OF LEGISLATIVE AFFAIRS Notification The 12th October, 1978 No. 47-Leg./78—The following Act of the Legislature of the State of Punjab received the assent of the President of India on the 7th October. 1978, and is hereby published for general information :— é] PUNJAB ACT No. 32 OF 1978 THE PUNJAB GURU GOBIND SINGH MEDICAL COLLEGE, FARIDKOT (ACQUISITION) AND MISCELLANEOUS PROVISIONS ACT, 1978 AN ACT to provide, in the public interest, for the acquisition of the Guru Gobind Singh Medical College, Faridkot, with a view to securing proper functioning of that College ‘and thereby ensuring better facilities for medical education and for matters connected therewith and incidental thereto. WHEREAS the trust in respect of the Guru Gobind Singh Medical College was promoted with a donation of only one thousand one hundred rupees and the assets pertaining to the said College have grown out of grants by the State Government and other public funds ; AND WHEREAS the said College has not been functioning properly and consequently the purpose of the grants made by the State Government to the said College has been frustrated and the State is, to that extent, denied the facilities for medical education ; AND WHEREAS it is necessary in the public interest to provide for the acquisition of the said College with a view to securing proper functioning of that College and thereby ensuring better facilities for medical education ; BE it enacted by the Legislature of the State of Punjab in the Twenty- ninth Year of the Republic of India as follows :— CHAPTER 1 PRELIMINARY 1. (/) This Act may be called the Punjab Guru Gobind Singh Medical Short title and commencement, College, Faridkot (Acquisition) and Miscellaneous Provisions Act, 1978. (2) It shall be deemed to have come into force on the 14th day of Juyy, 78. 2. In this Act, unless the context otherwise requires,— (a) “appointed day” means the date on which this Act comes into force ; (b) “Guru Gobind Singh Medical College” means the institution known as the Guru Gobind Singh Medical Callege, Faridkot, together- with the dispensaries attached thereto and used in connection therewith, and includes all lecture-rooms, museums, laboratories, libraries, hostels and boarding houses used in connection with, or as accessories to, or adjuncts of, the said College ; (c) “State Government” means the Government of the State of Punjab ; (4) “wrust” means the Guru Gobind Singh Lducational Trust § Guru Gobind Siagh Medical College, Farjdkot to vest in State Gover nment 98 PUNJAB GOVT GAZ. (EXTRA.). OCT. 12, 1978 (ASVINA 20, 1900 SAKA) (e) "trust decd" means the trust deed exccuted on the 2lst day of May, 1973, for creating Guru Gobind Singh Educational Trust and registered in the office of the Sub-Registrar, Kh¡rar, 22nd May, 1973 ; () "trustees" means trustees, for the timne being, of the Guru Gobind Singh Educational Trust. CHAPTER II ACQUISITION OF GURU GOBIND COLLEGE On SINGH MEDICAL 3. (1) On the appointed day, the Guru Gobind Singh Medical College together with (a) all 1ands, on which the said College stands, and all other lands appurtenant thereto and all buildings, erections and fixtures on such lands ; (b) all furniture, equipme nts, stores, apparatuses and appliances, drugs, moneys and other assets of the said College; (c) all other properties and assets, movable and immovable including leases pertaining to the said College and all rights, powers, authorities and privileges, cash balances, investments and all other rights and interests in, or in relation to, reserve funds, or arising out of, such property as were, immediately bcfore the appointed day, in the ownership, possession, power or control of the trust constituted under the trust deed or of the trustees or any other person in charge of the management of the affairs of the said College ; and (d) all borrowings made by, or on behalf of, and all other liabilities and obligations of whatever kind, incurred in relation to, the said College and subsisting on the appointed day: shall stand transferred to, and shall vest absolutely in, the State Government. (2) Every deed of gift, endowment, bequest or trust or other document in relation to all or any of the properties, and assets, referred to in sub section (1), shall, as from the appointed day, be construed as if it were made or executed in favour of the State Government. (3) Subject to the other provisions contained in this Act, any property, referred to in sub-section (/), which by virtue of the provisions of that sub section, has vested in the State Government, shall by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and other encumbrances affecting it, and any attachment, injunction or any decree or order of any court or tribunal restricting the use of such property in any manner shall be deemed to have been withdrawn. (4) Subject to the other provisions contained in this Acl, any proceeding or cause of action, pending or existing immediately before the appointed day, by or against the trustees or any other person, in relation to the said College. may, as from the appointed day, b¹ continued and enforced by the State Government as it might have been enforced by or against the trustecs Or against or such other person if this Act had not been enacted, and shall cease to b¢ enforceabl by or against th¹ tråstees or such other persop E—————— LT PUNJAB GOVT GAZ. (EXTRA... OCT. 12, 1973 (ASVINA 20, 1900 SAKA) (¢) “trust deed” means the Lrust deed executed on the 2ist day of May, 1973, for creating Guru Gobind Singh Educational Trust and registered in the office of the Sub-Registrar, Kharar, on 22nd May, 1973 ; (f) “trustees” means trustees, for the time being, of the Guru Gobind Singh Educational Trust. CHAPTER II ACQUISITION OF GURU GOBIND SINGH MEDICAL [ COLLEGE Sunt ay 3. (1) On the appointed day, the Guru Gobind Singh Medical College - al College, Paridkot together with— to vest in State Government (a) all lands, on which the said College stands, and all other lands = appurtenant thereto and all buildings, erections and fixtures on such lands ; (b) all furniture, equipments, stores, apparatuses and appliances, drugs, moneys and other assets of the said College ; (c) all other properties and assets, movable and immovable including leases pertaining to the said College and all rights, powers, authorities and privileges, cash balances, reserve funds, investments and all other rights and interests in, or in relation to, or arising out of, such property as were, immediately before the appointed day, in the ownership, possession, power or control of the trust constituted under the trust deed or of the trustees or any other person in charge of the management of the affairs of the said College ; and (d) all borrowings made by, or on behalf of, and all other liabilities and obligations of whatever kind, incurred in relation to, the said College and subsisting on the appointed day shall stand transferred to, and shall vest absolutely in, the State Government. (2) Every deed of gift, endowment, bequest or trust or other document in relation to all or any of the properties, and assets, referred to ip sub- section (1), shall, as from the appointed day, be construed as if it were made or executed in favour of the State Government. (3) Subject to the other provisions contained in this Act referred to in sub-section (1), which by virtue of the provisions of that sub- section, has vested in the State Government, shall by force of such Vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and other encumbrances affecting it, and any attachment, injunction or any decree or order of any court or tribunal restricting the use of such property in any mannoer shall be deemed to have been withdrawn. | any property, (4) Subject to the other provisions contained in this Act, any proceeding or cause of action, pending or existing immediately before the appointed day, by or against the trustees or any other person, in relation to the said College, gn * may, as from the appointed day. be continued and enforced by or against) the State Government as it might have been enforced by or against the trustees or such other person if this Act had not been enacted, and shall cease to be enforceable by or against the trustees or such other person PEN PUNJAB GOVT GAZ. (EXTRA.), OCT. 12, 1978 (ASWINA 20, 1900 SAKA) 4 () The State Government shall give, in cash, to tle trustees an Paynicnt of amount cquivalent to the sum of eleven thousand rupces for the t ransfer to. and vesing in, the State Government, under section 3, of the Guru iobind Singh Medical College. 99 (2) The amount, referred to in sub-scction (), shal| be paid within three months from the appointed day (hereafter in this section rcferred to as the Specified period). (3) The amount, referred to in sub-scction (/), if not paid w1thin the specified period, shall carry interest at the rate of four per cCnt pcr annum from the date of expiry of the specified periv until the payment thercof. Guru Gobind 5. On and from the appointed day, the Guru Gobind Singh Medical singl Medic a| College shall be administered by the State Government as a Government College to be institution. administered a9 Government institution. CHAPTER III 6. For the removal of doubts, it is hereby declared that nothing in this Liabilitics for ACt shall be deemed to affect ay liability by way of breach of trust. brcach or trust ctc. incurred by tustces or any penalty or punishment in respect of any offence, incurred by the trustees not to be affecte1 or any of the trustees in respect of anything done or omitted to be done by MISCELLANEOUS 7. The provisions of this Act shall have effect notwithstanding anythíng inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this Act or any decree or order of any court, tribunal or authority. anount. Provided that, if the alteration so made is not acceptable to any such officer or other employee, his employment may be terminated by the State Govern ment by giving not less than three months" notice or by paying an amount equivalent to three months' remuneration : 8. () Every officer or other employee, who, immediately before the to officers and appointed day, is employed in, or in connection with the affairs of, the Guru other employces Gobind Singh Medical College shall become, as from the appointed day, of Guru Gobind an officer or other employee, as the case may be, of the State Government, Singh Medical and shall hold his office by the same tenure, at the same remuneration and CTiege. upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held, if this Act had not been enacted, and shall continue to do so unless and until his employment under the State Government is duly terminated or until his remuneration, terms and conditions are duly altered by the State Government : Provided furthr that nothing containcd in t his sub-scction shall apply to any offcer or ot her employee who has, by notice in writing given to the State vernment within thirty days next following the appointed day, intimated is intention of lot becoming an oflicer or other emploVec of the State Go Vernment. (2) Notwithstanding anything contained in tle lndustrial Dsputes Act, 1947, or in any other law for the time being in force, the transler of tlhe Srvices of any officer or other employee, employed in, or in conneçtion with Act to overrido al! other cnact ments. Provisions relating them or him at any time before the appointed day. ch r PUNJAB GOVT GAZ. (EXTRA). OCT. 12, 1978 99 (ASWINA 20, 1000 SAK A) 4. (1 The State Government shall sive, in cash tothe trustees, an Payment of amount equivalent to the sum ol eleven thousand rupees for the triamsfer fo, AMemt and vesting in. the State Government, under section 3. of the Guru Gobind Singh Medical Collepe. (2) The amount, referred to in sub-section (1), shall be paid within three months from the appointed day (hereafter in this section relerred to as the specified period), (3) The amount, referred to in sub-section (7), il not paid within the specified period, shall carry interest at the rate of four per cent per annum from the date of expiry of the specified period until the payment thereof S. On and from the appointed day, the Guru Gobind Singh Medical id iin College shall be administered by the State Government as a Government college to be stitution. administered a3 Government institution 6. For the removal of doubts, it is hereby declared that nothing in this [hoiinse fo ‘ Act shall be deemed to affect any liability by way of breach of trust, Jraudh of ast on or any penalty or punishment in respect of any offence, incurred by the trustees nay to be affecte or any of the trustees in respect of anything done or omitted to be done by them or him at any time before the appointed day. CHAPTER HI MISCELLANEOUS 7. The provisions of this Act shall have effect notwithstanding anything oz to Sverio inconsistent therewith contained in any other law for the time being in force or poliiily a any instrument having effect by virtue of any law other than this Act or any decree or order of any court, tribunal or authority. 8. (1) Every officer or other employee. who, immediately before the hi a appointed day, is employed in, or in connection with the affairs of, the Guru other employees Gobind Singh Medical College shall become, as from the appointed day, of Guru Gobind an officer or other employee, as the case may be, of the State Government, Singh Medical and shall hold his office by the same tenure, at the same remuneration and CV!'¢8¢: upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held, if this Act had not been enacted, and shall continue to do so unless and until his employment under the State Government is duly terminated or until his remuneration, terms and conditions are duly altered by the State Government : Provided that, if the alteration so made is not acceptable to any such officer or other employee, his employment may be terminated by the State Govern- ment by giving not less than thrice months’ notice or by paying an amount equivalent to three months’ remuneration : Provided furth-r that nothing contained in this sub-section shall apply to any officer or other employee who has, by notice in writing given to the State | within thirty days next following the appointed day, timated Y intention of not becoming an officer or other employee of the State Go vernment. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947, or in any other law for the time being in lovee, the transfer of the services of any officer or other employee, employed in, or in connection w ith Bffect of contracts, etc. Contracts in bad 100 Duty to dcliver possesSjon of property efc. PUNJAB GOVT GAZ, (EXTRA.), 0CT. 12. 1978 (ASVINA 20, 1900 SAKA) the affairs of, t he Guru Gobind Singh Medical College to the State vernment shall not entitle any such officer or other employee, to any Go Compcnsation under that Act. or any other law, and no such claint shall be entertained by any court, tribunal or other authority. (3) For the persons who, immediately before the appointed day, were the trustees for any pension, provident or gratuity fund or any other like fund constituted for the officers or other employccs of the Guru Gobind Singh Medical Collegc, there shall be substituted as trusteces such persons as th State Government may, by general or special order, spccity. 9. () All contracts, decds, bonds, agrecments, powers of attorney* grants of legal representation and other instruments of whatevei nature, subsisting or having cffect immediately before the appointed day, and to which the trustees or, as the case may be, any person on behalf of the trustees IS a party, or which are in favour of the trustees shall, in so far as they relate to any purposc, or affairs, of the Guru Gobind Singh Medical College, be of as full force and effect against, or in favour of, the State Govcrnment, and may be enforced or acted upon as fully and effectually as if in placc of the trustees, the State Government had been a party thercto or as if they had been issued in favour of the State Government. (2) If, on the appointed day, any suit, uppcal or other procceding of whatever nature in relation to the Guru Gobind Singh Medical College, or any affair of the said College, is pending by, or against, the trustees or any other person, the samc shall not abatc, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the said College to the State Government, or of anything contained in this Act; but the suit, appeal or other procceding may be continued, prosecuted and enforced by or against the State Government. 10. () Notwithstanding anything contained in scction 9, the State faith or detrimern- Government may, if satisfied after such inquiry as it may think fit, that any tal to the mtereSS contract or agrcement entered into before the appointcd day between the of Guru Gobind Singh Medical College to be cancelled or varied trustecs or any other person acting on behalf of the trustees, in relation to Guru Gobind Singh Medical Collegc, or any affairs connected with the said College, has been entered into in bad faith, or is det rim ental to the interests of the said College, il may make an order cancelling or varying (either un conditionally or subject to such conditions as it may think fit to impose for the purpose) such contract or agrcement and thercafter the contract or agreement shall have effcct accordingly Provided that no Contract or agrecment shall be cancelled or varied CXcept alter giving to the part ies to the contract or agreement a reasonable opportunity of being hcard. (2) Any person, aggrieved by an order made under sub-section (/). may, within a period of thirty days of the date on which the order is com municated to him, make an application to the principal sourt of civil juris diction within the local limits of whose jurisdiction the Guru Gobind Singh Medical College is situated, for the variation or reversal of such order and thercupon such court may confirm, modify or reverse such order. 11. (/) On the transfer to, and the vesting in, the State Government of the Guru Gobind Singh Medical Collegc, (a) the trustees and every person in whose possession, custody or control any property or aSset specified in sub-section (/) of section 3 may be, shall deliver the samc to such officer or other person as may be authoriscd by thc State Government in this behalf: 100 PUNJAB GOVT GAZ. (EXTRA). OCT. 12. 1978 oo (ASVINA 20, 1900 SAKA) re —— the affairs of, the Guru Gobind Singh Medical College to the State Go- vernment shall not cntitle any such officer or other employee to any compensation under that Act. or any other law, and no such claimbshall be entertained by any court, tribunal or other authority. (3) For the persons who, immediately before the appointed day, were the trustees for any pension, provident or gratuity fund or any other like fund constituted for the officers or other employees of the Gura Gobind Singh Medical College, there shall be substituted as trustees such persons as th State Government may, by general or special order, specify. i) RN Situat of gormrsats, 9. (I) All contracts, deeds, bonds, agreements, powers of attorney’ grants of legal vepresentation and other instruments of whatever nature, subsisting or having cffect immediately before the appointed day, and to which the trustees or, as the case may be, any person on behalf of the trustees 1s a party, or which are in favour of the trustees shall, in so far as they relate to any purpose, or affairs, of the Guru Gobind Singh Mcdical College, be of as full force and effect against, or in favour of, the State Government, and may be enforced or acted upon as fully and effectually as if in place of the trustees, the State Government had been a party thereto or as if they had been issued in favour of the State Government. (2) If. on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to the Guru Gobind Singh Medical College, or any affair of the said College, is pending by, or against, the trustees or any other person, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the said College to the State Government, or of anything contained in this Act; but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the State Government. Contracts in bad 10. (/) Notwithstanding anything contained in scction 9, the State faith or detrimen- Goyernment may, if satisfied after such inquiry as it may think fit, that any tal to the interests N 3 : : of Gury Gobind contract or agreement entered into before the appointed day between the Singh Medical trustees or any other person acting on behalf of the trustees, in relation to College to be Guru Gobind Singh Medical College, or any affairs connected with the said cancelled or College, has been entered into in bad faith, or is detrimental to the interests of varied. the said College, it may make an order cancelling or varying (either un- conditionally or subject to such conditions as it may think fit to impose for the purpose) such contract or agreement and thereafter the contract or agreement shall have effect accordingly : Provided that no contract or agrecment shall be cancelled or varied except alter giving to the parties to the contract or agreement a reasonable opportunity of being heard. (2) Any person, aggrieved by an order made under sub-section (1). may, within a pzriod of thirty days of the date on which the order is com- municated to him, make an application to the principal sourt of civil juris- diction within the local limits of whose jurisdiction the Guru Gobind Singh Medical College is situated, for the variation or reversal of such order and thereupon such court may confirm, modify or reverse such order. Duty to deliver 11. (DN) On the transfer to, and the vesting in, the State Government possession of of the Guru Gobind Singh Medical College, — ? property etc, b I (¢) the trustees and every person in whose possession, custody or control any property or asset specified in sub-section (I) of section 3 may be, shall deliver the same to such officer or other person as may be authorised by the State Government in this behalf ; (2) PUNJAB GOVT GAZ. (EXTRA.), OCT. 12, 1978 (ASVINA 20, 1900 SAKA) (5) the trustees and every person who, immediately before such vesting has in his possession, custodv or control any books, documents or other papers relat ing to the Guru Gobind Singh Medical College, shall be liable to account for the said books, documents nd papers to the State Government and shall deliver thenn up to the State Governnent or to such oflicer or other person as may be authorised by the State Government in this behalf. Without prejudice to the ot her provisions contained in this section, t shall be lawful for the State Government to take all nccessary steps for taking possession of all properties and aSsets which have bcen transferrcd to, and vested in it under this Act. 12. Any person who, (a) havng in his possession, custody or cvntrol any property held fot the purposes of the Guru Gobind Singh Medical College wrong fully withholds such property from the State Government ; or (b) Wrongtully obtains possession of, or retains, any property held for the purposes of the said College ; or (c) wilfully withholds or fails to books, documents or other furnish to the State Government any papers relating to the said College ; or (d) fails to deliver to the State Government any assets, books or other documents in his possession, custody or cont rol relating to the said College ; or (e) wronglully removes or destroys any property held for the purposes of the said College ; or ) wrongluly uses any property held for the purposes of the said College; shall be punislhable with imprisonment for a term which may extend to two vears, or with fine which may extend to ten thousand rupees, or with both. 13. 0) Where an 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 respons1ble to, the company for the conduct of the shall be deemed to be business of the conipany, as well as the company, guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that Ilothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was com mitted without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything containod in sub-soction (), where ay offence under this Act has beon committed by a company and it is provod Or onnivance of, Penalty. Otfences by companjes. that the offence has been conmitted with the consent PUNJAB GOVT GAZ. (EXTRA.), OCT. 12, 1978 lol (ASVINA 20, 1900 SAKA) JE (b) the trustees and every person who, immediately before such vesting has in his possession, custody or control any books, documents or other papers relating to the Guru Gobind Singh Medical College, shall be liable to account for the said books, documents and papers to the State Government and shall deliver them up to the State Government or to such ollicer or other person as may be authorised | by the State Government in this behalf, (2) Without prejudice to the other provisions contained mn this section, [J shall be lawful for the State Government to take all necessary steps for taking possession of all properties and assets which have been transferred to, and vested initunder this Act. 12. Any person who, (@) having in his possession, custody or control any property held for the purposes of the Guru Gobind Singh Medical College wrong: fully withholds such property from the State Government ; or (b) wrongfully obtains possession of, or retains, any property held for the purposes of the said College ; or (¢) wilfully withholds or fails to furnish to the State Government any books, documents or other papers relating to the said College ; or (d) fails to deliver to the State Government any assets, books or other documents in his possession, custody or control relating to the said College ; or (¢) wrongfully removes or destroys any property held for the purposes of the said College ; or (f) wrongfully uses any property held for the purposes of the said College; 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. 13. (J) Where an 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 lable to any punishment, if he proves that the offence was com- mitted without his knowledge or that he had exercised all due diligence 4 to prevent the commission of such offence. © (2) Notwithstanding anything contained in sub-section (7), where any offence under this Act has been committed by a company and itis proved that the offence has been committed with the consent or connivance of, Penalty Offences by companies Protection of action taken in good faith. Cognizan ce offences, Indemnity. Power to make rules, 102 PUNJAB GOVT GAZ. (EXTRA.), OCT. 12, 1978 (ASVINA 20, 1900 SAKA) or is attributable to, any neglcct on thc part of, any director, manager, secre tary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall' liable to be proceedcd against and punished accordingly. Explanation.-For the purposes of this section. (u) company" means any body corporate and includes a firm or other association of individuals; and (h) director", in relation to a firm, means a partner in the firm. 14. No suit, prosecution or other legal proceeding shall lie against the State Government or any of its officers or other employees for anything which is in good faith done or intended to be done under this Act. 15. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court shall take cognizance of any offence under this Act except on a complaint, in writing, made by the State Government or any officer authorised in this behalf by the State Government. 16. Every officer of the State Government shall be indemnified by the State Government against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this Act except such as 17. () The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) Every rule made under this section shall be laid as soon as may be, after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions and if, before the expiry in which it is so laid or the successive sessions aforesaid, of the session in making any modification in the rule or the House agrees that the rule the House agrees should not be made, the rule shall thereafter have effect only in such modi fied form or be of no effect as the case may be; So, however, that any such modification or annulment shall be without prejudice to the validity of any thing previously done or omitted to be done under that rule. Repeal and saving. 18. () The Punjab Guru Gobind Singh Medical College, Faridkot (Acquisition) and Miscellaneous Provisions Ordinance, 1978 (Punjab Ordinance No. 12 of 1978), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been dole or taken INDERJIT LAL AHLUWALIA, Additional Secretary to Government, Punjab, Department of Legislative Affairs. 34223LR,-Govt, Press, Chd. have been caused by his own wilful act or default. under the corresponding provisions of this Act. Protection of action taken in good faith. Cognizance of offences. Indemnity. Power ta make rules. Repeal and saving. 102 PUNJAB GOVT GAZ. (EXTRA.), OCT. 12, 197% (ASVINA 20, 1900 SAKA) or is attributable to. any neglect on the part of, any director, manager, secre- tary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall €g liable to be proceeded against and punished accordingly Explanation.—Tor the purposes of this section, - (0) company’ means any body corporate 0 uly bof and includes a firm o other association of individuals; and - () “director”, in relation to a firm, means a partner in the firm. 14. No suit, prosecution or other legal procesding shall lie against the State Government or any of its officers or other employees for anything which is in good faith done or intended to be done under this Act. 15. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court shall take cognizance of any offence under this Act except on a complaint, in writing, made by the State Government or any officer authorised in this behalf by the State Government. 16. Every officer of the State Government shall be indemnified by the State Government against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this Act except such as have been caused by his own wilful act or default. 17. (I) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) Every rule made under this section shall be laid as soon as may be, after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modi- fied form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of any- thing previously done or omitted to be done under that rule. 18. (J) The Punjab Guru Gobind Singh Medical College, Faridkot (Acquisition) and Miscellaneous Provisions Ordinance, 1978 (Punjab Ordinance No. 12 of 1978), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act. INDERJIT LAL AHLUWALIA, Pl I 2 L Additional Secretary to Government, Punjab, Department of Legislative Affairs 34223LR ,—Govt, Pregs, Chd.