(1) On the transfer of the undertaking of the Company to the State Government, for the purpose of management and control, under clause (a) of section 4, every person including a transferee referred to in the proviso to clause (c) of section 4, in whose possession, custody or control the undertaking of the Company or any part thereof may be, shall forthwith deliver possession of the undertaking of the Company or part thereof, as the case may be, to the State Government.
(2) If any person refuses or fails to comply with the provisions of sub-section (1), an officer authorised by the State Government in this behalf, shall,—
(a) if he is a Magistrate, enforce the delivery to the State Government of possession of the undertaking Delivery of posses.
sion of undertaking of the Company to the State Government and penalty.
4 The Oriental Gas Company Act, 1960.
[West Ben. Act Running .and use of the undertaking of the Company.
Acquisition of the undertaking of the Company and transfer of its management and control to the Company in case of non-acquisition.
(Sections 6, 7.1 of the Company or any part thereof, in respect of which such refusal has been made or failure has been committed, or
(b) if he is not a Magistrate, apply to a Magistrate or, within the town of Calcutta, as defined in section 3 of the Calcutta Police Act; 1866, to the Commissioner of Police, and such Magistrate or Commissioner, as the case may be, shall enforce the delivery to the State Government of possession of the undertaking of the Company or part thereof, as the case may be.
(3) Whoever refuses or wilfully obstructs the delivery to the State Government of possession of the undertaking of the Company transferred to the State Government, for the purpose of management and control, under clause (a) of section 4, or any part thereof, shall, on conviction before a Magistrate, be punishable, without prejudice to any other penalty to which he may be liable under any other law for the time being in force, with fine which may extend to one thousand rupees.