D.N. De Homoeopathic Medical College And Hospital (Taking Over Of Management And Subsequent Acquisition) Act, 1983
No: 10 Dated: Apr, 03 1983
THE D. N. DE HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL (TAKING OVER OF MANAGEMENT AND SUBSEQUENT ACQUISITION) ACT, 1983
West Bengal Act X of 1982
An Act to provide for the taking over of the management and the subsequent acquisition of the D.N. De Homoeopathic Medical College and Hospital.
Whereas it is expedient in the public interest to make better provision for the control, management and maintenance of the institution commonly known as the D.N. De Homoeopathic Medical College and Hospital at 12, Gobinda Chandra Khatick Road, Calcutta-700046, with a view to promoting public health and to provide for that purpose for the taking over for a limited period of the management and the subsequent acquisition of all properties belonging to the said institution or held for the benefit thereof;
It is hereby enacted as follows :-
1. Short title and commencement. - (1) This Act may be called the D.N. De Homoeopathic Medical College and Hospital (Taking over of Management and subsequent Acquisition) Act, 1983.
(2) It shall be deemed to have come into force on the 27th day of December, 1982.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date of publication of the order made under section 3;
(b) "the institution" means the D.N. De Homoeopathic Medical College and Hospital at 12, Gobinda Chandra Khatick Road, Calcutta-700046, together with the indoor-beds and provisions for outdoor services and dispensaries attached thereto and used in connection therewith and includes all lands and buildings, equipments, lecture rooms, libraries, stores, drugs and other articles held or used in connection with, or as accessories to, or as adjuncts of, the said D.N. De Homoeopathic Medical College and Hospital;
(c) "notification" means a notification published in the Official Gazette;
(d) "prescribed" means prescribed by rules made under this Act.
3. Taking over of management of the institution. - (1) The State Government shall, by order published in the Official Gazette, take over the management and control of the institution.
(2) An order made under sub-section (1) shall remain in force for a period of [fifteen years] from the date of its publication in the Official Gazette or, in the case of acquisition of the institution under section 4, till the date of such acquisition, whichever is earlier.
4. Acquisition of the institution. - (1) The State Government may, if it so thinks fit, at any time within the period of [fifteen years] referred to in sub-section (2) of section 3, acquire the institution by notification.
(2) On and from the date of the notification referred to in sub-section (1) (hereinafter referred to as the date of vesting),-
(i) the institution shall stand transferred to, and vest absolutely in, the State Government, free from all encumbrances;
(ii) the institution shall be run by the State Government as a State institution;
(iii) any contract, whether express or implied, or other arrangement, whether made under any statute or otherwise, in relation to the management of any property or other affairs of the institution, and in force immediately before the date of vesting shall be deemed to have terminated on and from the date of vesting;
(iv) every person (not being a part-time or over-aged employee) who has been an employee of the institution before the date of vesting shall, on and from the date of vesting, become an employee of the State Government and shall hold office on the same terms and conditions as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the State Government is duly terminated or until the terms and conditions of his service are duly altered by the State Government by rules made in this behalf :
Provided that the services of every person who expresses his unwillingness to continue in service in terms of the provisions of this clause shall stand terminated with effect from the date of vesting or from any other date to be notified by him;
(v) notwithstanding anything contained in any law for the time being in force or in any contract, custom or usage, to the contrary, the transfer of the service of any employee of the institution to the service of the State Government shall not entitle such employee to any compensation on any account whatsoever and no claim in this behalf shall be entertained by any court, tribunal or authority.