(1) Notwithstanding anything contained in sections 3, 4 and 5, the State Government may, by order in writing, direct that the undertaking of the company together with all its properties and assets, specified in sub-section (1) of section 4, shall, instead of continuing to vest in the State Government, vest in such corporation owned or controlled by the State Government (hereinafter referred to as the corporation) and on such date, as may be specified in the direction.
232 The Darjeeling Ropeway Company Limited (Acquisition of Undertaking) Act, 1976.
XLVIII of 1976.]
(Section 7.)
(2) When an order vesting the undertaking of the company in a corporation is made under sub-section (1), all the rights, liabilities and obligations of the State Government in relation to the undertaking of the company shall, on and from the date of such vesting, be deemed to have become the rights, liabilities and obligations, respectively, of such corporation.
(3) The corporation shall, for the purpose of management and administration of the undertaking of the company, act in accordance with such direction, if any, as may be issued by the State Government in this behalf.
(4) The corporation may also apply to the State Government at any time for instructions as to the manner in which the management of the undertaking of the company or in relation to any matter arising in the course of such management shall be conducted.
14 of 1947. 7. (1) Every person who is a workman within the meaning of the Employment Industrial Disputes Act, 1947, and has been immediately before the of certain employees appointed day, in the employment of the company shall become an to continue.
employee of the State Government on and from the appointed day or, as the case may be, of the corporation in which the undertaking may be vested by an order under sub-section (1) of section 6 on and from the date of vesting in the corporation, and shall hold office on the same terms and conditions as would have been admissible to him if the undertaking of the company had not vested in the State Government or in such corporation, as the case may be, and shall continue to do so until his employment is duly terminated or until the terms and conditions of his service are duly altered by the State Government or such corporation, as the case may be, by rules made in this behalf:
Provided that the services of every person who expresses his unwillingness to continue in service in terms of the provisions of this sub-section shall stand terminated with effect from the appointed day or from any subsequent date to be notified by him.
(2) Notwithstanding anything contained in any law for the time being in force or in any contract, custom or usage, to the contrary, the transfer of the service of any employee of the company to the service of the State Government or of such corporation, as the case may be, shall not entitle such employee to any compensation on any account whatsoever and no claim in this behalf shall be entertained by any Court, tribunal or other authority.
233 The Darjeeling Ropeway Company Limited (Acquisition of Undertaking) Act, 1976.
[West Ben. Act (Sections 8-11.)
Amount to be paid for vesting of the properties.
Duties to furnish particulars.
8. For the vesting of the undertaking in the State Government under section 3, there shall be paid by the State Government to the company an amount of rupees twenty thousand.
9. The company shall within such period as the State Government may allow in this behalf furnish to the State Government or to the corporation a complete inventory of all the properties and assets of the company as on the appointed day pertaining to the undertaking which has vested in the State Government under section 3.
Penalties. 10. (1) Any person, who—
(6) having in his possession, custody or control any property forming part of the undertaking of the company, wrongfully withholds such property from the State Government or the corporation; or
(b) wrongfully obtains possession of any property forming part of the undertaking of the company which has vested in the State Government or in the corporation under this Act; or
(c) wilfully withholds or fails to furnish to the State Government or the corporation, any document which may be in his possession, custody or control; or
(d) wilfully fails to furnish an inventory as required under section 9;
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 clause (a) or clause
(b) or clause (c) of this sub-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 or cash 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 Government in this behalf.
11. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any law other than this Act or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any court, tribunal or other authority.
Act to have overriding effect.
234 The Darjeeling Ropeway Company Limited (Acquisition of Undertaking) Act, 1976.
XLVIII of 1976.1 (Sections 12, 13.)