(1) Any person who,— Penalty.
(a) having in his possession, custody or control any property forming part of the Museum, wrongfully withheld such property from the State Government or any person authorised by that Government in this behalf, or
(b) wrongfully obtains possession of, or retains, any property forming part of the Museum or wilfully withholds or fails to furnish to the State Government or any person authorised by that Government any document relating to the Museum which may be in his possession, custody or control or fails to deliver to the State Government or any person authorised by that Government any property forming part of the Museum or books of account, registers or other documents in his custody relating to the Museum, or 407 The Bengal Natural History Society (Acquisition of the Natural History Museum) Act, 1993.
[West Ben. Act Employees to continue in service.
(Section 7.)
(c) wrongfully removes or destroys any property forming part of the Museum or prefers any claim under this Act 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, or with fine which may extend to five thousand rupees, or with both:
Provided that the court trying any offence punishable under this Act shall, at the time of convicting the accused person, order him to deliver or refund within such time as may be fixed by the court such property or any part thereof wrongfully withheld or wrongfully obtained or retained or such document wilfully withheld or not furnished or such property, books of account, registers or other documents not delivered.
(2) No court shall take cognizance of any offence punishable under this Act except with the previous sanction of the State Government or of an officer authorised by that Government in this behalf.
7. (I) Every person (not being a part-time or over-aged employee) who has been an employee of the Museum immediately before the appointed day shall, on and from the appointed day, become an employee of the State Government and, subject to the first proviso to this subsection, shall hold office or service under the State Government on the same terms and conditions as would have been admissible to him if there had been no vesting of the Museum in the State Government and shall continue to do so unless and until his employment under the State Government is duly terminated or until within six months from the appointed day his remuneration and other conditions of service are duly altered by the State Government:
Provided that every person (not being a part-time or over-aged employee) who had been an employee of the Museum on the former date or on any date subsequent to the former date shall, in respect of the service rendered as such employee for any period commencing from such date till the date immediately before the appointed day, be entitled to such pay and allowances and pension (including gratuity) as the State Government may determine:
Provided further that any employee who is unwilling to continue in service in terms of the provisions of this sub-section may give three months' notice to the State Government to that effect and thereupon his service shall stand terminated with effect from the date immediately after the expiration of three months from the date of such notice.
408 The Bengal Natural History Society (Acquisition of the Natural History Museum) Act, 1993.
XXIV of 1993.]
(Sections 8-11.)
(2) Notwithstanding anything contained in the Industrial Disputes 14 of 1947.
Act, 1947, or in any other law for the time being in force, the transfer of the services of any employee of the Museum to the State Government shall not entitle him to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.
8. No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of that Government or any officer or other person authorised by that Government for anything which is in good faith done or intended to be done under this Act.
9. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act, or in any judgement, decree or order of any court, tribunal or other authority.
Protection of action taken in good faith.
Act to have overriding effect.