(1) Notwithstanding anything contained in sub-section (4) of section 4, every person (not being a part-time or over-aged employee) employed in connection with the affairs of the Hospital, who has been in such employment immediately before the appointed day shall become on and from the appointed day an employee of the State Government and shall hold office or service with such remuneration and on such terms and conditions as may be determined by the State Government:
Provided that any employee not being satisfied with the remuneration or terms and conditions of employment determined by the State Government may terminate his employment by giving three months' notice to the State Government to that effect:
Provided further that an employee shall be entitled to exercise option to retain the same rights to contributory provident fund as would have been admissible to him had not this Act been passed.
Management of the Hospital.
Protection from acts done in good faith.
Employment of certain employees to continue.
Act to override other laws.
(2) Notwithstanding anything contained in the Industrial Disputes 14 of 1947.
Act, 1947 or in any other law in force for the time being, the alteration in the terms and conditions of employment of an employee or the transfer of his service from the Hospital to any other post shall not entitle him to any compensation under this Act or any other law in force for the time being and no claim for such compensation shall be entertained by any court, tribunal or other authority.
(3) The remuneration and the terms and conditions of employment referred to in sub-section (1) shall be finally determined by the State Government within three months from the appointed day.
9. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law or in any instrument or in any decree or order of any court or other authority.
Penalty. 10. (1) Any person who—
(a) having in his possession or custody or control any property forming part of the Hospital, wrongfully withholds such property from the State Government, or 148 The Ramrikdas Haralalka Hospital Acquisition Act, 1982.
XVII of 1982.]
West Ben.
Ord. XXII of 1982.
(Sections 11-13.)
(b) wrongfully obtains possession of any property forming part of the Hospital which has vested in the State Government; or
(c) wilfully withholds or fails to furnish to the State Government any document relating to the Hospital which may be in his possession, custody or control, 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 of an officer authorised by the State Government in this behalf.
11. The State Government may, by notification, direct that all or any Delegation of the powers exercisable by it under this Act (except the power to make of powers.
rules) may also be exercised by such other person or authority as may be specified in the notification.