Notification, 1985

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

GOVERNMENT OF WEST BENGAL

LEGISLATIVE DEPARTMENT

West Bengal Act XVI of 1985

THE TECHNICIANS' STUDIO PRIVATE

LIMITED (AMENDMENT) ACT, 1985.

[Passed by the West Bengal Legislature.] [Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 16th August, 1985.] [16th August, 1985.] An Act to amend the Technicians' Studio Private Limited Act, 1980. :st Ben.

t XXVIII WHEREAS it is expedient to amend the Technicians' Studio Private Limited Act, 1980, for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Thirty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:-

1. This Act may be called the Technicians' Studio Private Limited Short title. (Amendment) Act, 1985.

2. After section 6 of the Technicians' Studio Private Limited Act, Insertion of 1980 (hereinafter referred to as the principal Act), the following section new section 6A in West shall be inserted:— Ben. Act XXVIII of of the Company. elsewhere in this Act, the State Government may direct, by notification, that the general superintendence, direction, control and management of the affairs and business of the Company, which has been acquired by the State Government under section 6, shall, instead of continuing to vest in the State Government, vest in such existing Government company or a new Government company, and with effect from such date, as may be specified in the notification, and thereupon the existing, or new, Government company so specified shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the Company is authorised to exercise and do in relation to its affairs and business.

The Technicians' Studio Private Limited (Amendment) Act, 1985.

[West Ben. Act XVI of 1985.] (Sections 3, 4.) Explanation.—For the purposes of this section,—

(a) "existing Government company" means a Government company which is carrying on business on the date of acquisition of the Company under section 6; and

(b) "new Government company" means a Government company formed and registered on or after the date of acquisition of the Company under section 6.'.

Insertion of new section 9A.

Substitution of new section for section 10.

3. After section 9 of the principal Act, the following section shall be inserted:— `Offences by 9A. (1) Where an offence under this Act has companies. 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 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.

Explanation.—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.' .

4. For section 10 of the principal Act, the following section shall be substituted:— "Protection 10. No suit, prosecution or other legal of action proceeding shall lie against the State Government taken in good faith. or any person appointed under this Act or the existing, or new, Government company for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.".

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