Section 7 of Oriental Gas Company Act, 1960

From Advocatespedia

7. Acquisition of the undertaking of the Company and transfer of its management and control to the Company in case of non-acquisition. (1) The State Government may, if it so thinks fit, at any time within the period of five years referred to in section 4, acquire the undertaking of the Company by notification published in the Official Gazette for the purposes of this Act. (2) On the publication of the notification under sub-section (1), the undertaking of the Company shall, on and from the beginning of the day on which the notification is so published, vest absolutely in the State Government free from all incumbrances. (2A) [ On the vesting of the undertaking of the Company in the State Government, the provisions of clauses (c) and (d) of section 4 shall continue to have effect as if the limitation regarding the period of five years or the period till the acquisition of the undertaking of the Company were not mentioned in that section.] [Sub-Sections (2A) and (2B) inserted by W.B. Act 6 of 1970. w.e.f. 1.10.1960.] (2B) [ Every person employed in connection with the undertaking of the Company and continuing in office immediately before the date of vesting of the undertaking of the Company in the State Government under sub-section (2) shall be employed by the State Government on such terms and conditions (not being less advantageous than what they were entitled to immediately before such date) as may be determined by the State Government and until his employment is terminated or until such terms and conditions are duly altered by the State Government by rules made in this behalf:] [Sub-Sections (2A) and (2B) inserted by W.B. Act 6 of 1970. w.e.f. 1.10.1960.] Provided that if the alteration so made is not acceptable to any such person, his employment may be terminated by the State Government on payment to him by the State Government of compensation equivalent to three months' remuneration, if he is a permanent employee, and one month's remuneration, if he is not a permanent employee. (3) If the undertaking of the Company be not acquired by the State Government in accordance with the provisions of sub-section (1), the State Government shall, on the expiry of the period of five years referred to in section 4, by order made in this behalf, transfer the management and control of the undertaking to the Company after removing or disposing of such additions to the undertaking as may have been made by the State Government at its own cost in accordance with the provisions of sub-section (2) of section 6, unless the Company agrees to pay the amount being the cost of such additions less such depreciation as may be agreed upon or, in the absence of agreement, determined by a Tribunal appointed for the purpose. The amount so agreed upon or determined shall be paid by the Company to the State Government within such time as may be agreed upon or allowed by the Tribunal and until such payment, the amount shall be a charge on the undertaking of the Company.

7A. [ Recovery of rent as public demand. [Section 7A inserted by W.B. Act 11 of 1976.] - Any rent payable to the undertaking of the Company in connection with supply of gas or for hiring any meter or fitting shall, without prejudice to any other mode of recovery for the same, be also recoverable as public demand under the Bengal Public Demands Recovery Act, 1913.]