(1) The persons who have been in employment under the licensee in connection with the affairs of the undertaking immediately before the appointed day shall cease to be in such employment so far as the undertaking is concerned and such persons who were not part-time employees and who have not attained the age to superannuation on the appointed day under the rules framed by the Board shall be appointed afresh on the appointed day by the Board on such remuneration and on such terms and conditions of service as may be fixed by the Board.
(2) If any question arises as to whether any person was employed part-time in connection with the affairs of the undertaking immediately before the appointed day, the question shall be referred, within a period of one year from the appointed day, to the State Government and the State Government shall, after giving such person a reasonable opportunity of being heard, decide it in such manner as it thinks fit and the decision of the State Government thereon shall be final.
11. Any employee of the Board authorised by the Board in this behalf by general or special order may, at any time, after giving the licensee reasonable notice, enter upon any land or permises in his possession and make survey, examination or investigation for the purposes of this Act.
Penalty. 12. (1) Any person who—
(a) having in his possession or custody or control any property forming part of the undertaking wrongfully withholds such property from the Board, or
(b) wrongfully obtains possession of, or retains, any property forming part of the undertaking which have vested under section 3, or
(c) wilfully withholds or fails to furnish to the Board or to any person authorised in this behalf by the Board any books, documents or other papers relating to the undertaking which may be in his possession, custody or control, or
(d) fails to deliver to the Board any assets, books of account or other documents in his possession, custody or control relating to the undertaking, or
(e) wrongfully removes or destroys any property forming part of the undertaking, or
(f) wrongfully uses any property forming part of the undertaking, 26 The Berhampore Electric Supply Company Limited (Undertaking) Acquisition Act,1981.
VI of 1981.]
(Section 13.)
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:
Provided that the court trying any offence under this section may, at the time of convicting the accused person, order him to deliver up or refund, within a time to be fixed by the court, any property wrongfully withheld or obtained or any document wilfully withheld or not furnished.
(2) No court shall take cognizance of an offence punishable under this section except with the previous sanction of the State Government or an officer authorised by the State Government in this behalf.