Bengal Natural History Society (Acquisition Of The Natural History Museum) Act, 1993
No: 24 Dated: Oct, 20 1994
THE BENGAL NATURAL HISTORY SOCIETY (ACQUISITION OF THE NATURAL HISTORY MUSEUM) ACT, 1993
West Bengal Act XXIV of 1993
An Act to provide for the acquisition, in the public interest, of the Natural History Museum of the Bengal Natural History Society, and for matters connected therewith or incidental thereto.
Whereas it is expedient to provide for the acquisition, in the public interest, of the Natural History Museum of the Bengal Natural History Society at Darjeeling, and for matters connected therewith or incidental thereto;
It is hereby enacted as follows:-
1. Short title and commencement. - (1) This Act may be called the Bengal Natural History Society (Acquisition of the Natural History Museum) Act, 1993.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date on which this Act comes into force;
(b) "former date" means the 14th day of May, 1976, being the date of taking over by the State Government of the management of the Museum on the basis of the resolution in this behalf adopted by the Society at its meeting held on the 22nd day of December, 1975;
(c) "Museum" means the Natural History Museum of the Society together with all property, movable and immovable, including specimens of rare species of birds, mammals, fishes, snakes, butterflies, moths and other insects, furniture and fixtures, all lands and buildings, libraries, scores, film equipments (including projectors), slides, utensils, taxidermist instruments and other articles held or used in connection with, or as accessories to, or as adjuncts of, the Museum, and all books of account, registers and all other documents of whatever nature relating thereto;
(d) "Notification" means a notification published in the Official Gazette',
(e) "Society" means the Bengal Natural History Society at Darjeeling.
3. Acquisition of the Museum. - On and from the appointed day, the Museum shall, by virtue of this Act, stand transferred to, and vest absolutely in, the State Government.
4. General effect of vesting. - (1) The Museum which has vested in the State Government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court, tribunal or other authority restricting the use of the whole or any part of the Museum in any manner shall be deemed to have been withdrawn.
(2) The Museum shall be run by the State Government as a State institution.
(3) Any contract, whether express or implied, or other arrangement, whether made under any statute or otherwise, in relation to the affairs of the Museum and in force immediately before the appointed day shall be deemed to have terminated on the appointed day.
(4) Where any licence or other instrument in relation to the Museum had been granted at any time before the appointed day to the Museum by the Central Government or the State Government or any other authority, the State Government shall, on and from the appointed day, be deemed to be substituted in such licence or other instrument in place of the Museum referred to therein as if such licence or other instrument had been granted to it.
(5) Any liability incurred by the Museum (including the liability, if any, arising in respect of any loans or amounts advanced by the State Government to the Museum together with interest thereon) on or after the former date, shall, on and from the appointed day, be the liability of the State Government.
(6) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any matter in respect of the Museum, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the Museum or of anything contained in this Act, and the suit, appeal or other proceeding may be continued, proceeded with and enforced by or against the State Government.
(7) Any person in possession or custody or control of the whole or any part of the Museum on the date immediately before the appointed day shall, on the appointed day, deliver the possession of the Museum or part thereof to the State Government or to such person as may be specified by the State Government in this behalf.
(8) The State Government may take, or cause to be taken, such steps as it considers necessary for securing the possession of the Museum which has vested in the State Government under section 3.
5. Acquisition without compensation. - For the removal of doubts, it is hereby declared that there shall not be paid any compensation for the acquisition of the Museum by authority of this Act under article 300A of the Constitution of India.