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State of West Bengal - Section

Section 12 in The Berhampore Electric Supply Company Limited (Undertaking) Acquisition Act, 1981.

12. Penalty. -

(1)Any person who-
(a)having in his possession or custody or control any property forming part of the undertaking wrongfully withholds such property from the Board, or
(b)wrongfully obtains possession of, or retains, any property forming part of the undertaking which have vested under section 3, or
(c)wilfully withholds or fails to furnish to the Board or to any person authorised in this behalf by the Board any books, documents or other papers relating to the undertaking which may be in his possession, custody or control, or
(d)fails to deliver to the Board any assets, books of account or other documents in his possession, custody or control relating to the undertaking, or
(e)wrongfully removes or destroys any property forming part of the undertaking, or
(f)wrongfully uses any property forming part of the undertaking,
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 an officer authorised by the State Government in this behalf.