(1) The State Government shall deposit, in cash, in the Court of the Chief Judge of the City Civil Court, Calcutta, to the credit of the company, the sum of rupees seventy-three lakhs as compensation for the transfer to, and vesting in, the State Government, under sub-section (1) of section 3, of the undertaking of the company.
(2) For the removal of doubts, it is hereby declared that the liabilities of the company, other than the liabilities referred to in sub-section (5) of section 4, in relation to its undertaking which has vested in the State Government under sub-section (1) of section 3 shall be met from the amount referred to in sub-section (1) of this section.
(3) Every person having a claim against the company shall prefer such claim before the Chief Judge of the City Civil Court, Calcutta, within a period of 30 days from the date as the State Government may by notification specify:
Provided that if the Chief Judge is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of 30 days, he may entertain the claim within a further period of 30 days but not thereafter.
Power to appoint staff.
Functions of the Hotel Authority.
Payment of compensation.
101 The Great Eastern Hotel (Acquisition of Undertaking) Act, 1980.
[West Ben. Act (Section 13.)
(4) In meeting under this section the liabilities of the company in relation to its undertaking which has vested in the State Government under sub-section (1) of section 3, the Court shall distribute the amount referred to in sub-section (1) of this section amongst the creditors of the company, whether secured or unsecured, in accordance with their rights and interests, and if there is any surplus left after such distribution, amongst the contributories of the.company in accordance with the rights and interests of such contributories.
Penalty. 13. (1) Any person who,—
(a) 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 any person authorised by that Government in this behalf, or
(b) wrongfully obtains possession of, or retains, any property forming part of the undertaking of the company or wilfully withholds or fails to furnish to the State Government or any person specified by that Government any document relating to the undertaking of the company which may be in his possession, custody or control or failg to deliver to the State Government or any person specified by that Government any assets, books of account, registers or other documents in his custody relating to the undertaking of the company, or
(c) wrongfully removes or destroys any property forming part of the undertaking of the company or prefers any claim under this Act which he knows or has reasons 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 ten thousand rupees, or with both:
Provided that the court trying any offence punishable under this Act may, 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 assets, 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.
102 The Great Eastern Hotel (Acquisition of Undertaking) Act, 1980.
XXVII of 1980.]
(Sections 14-16.)