Dr. B. C. Roy Post-graduate Institute of Basic Medical Sciences (Taking over of Management and Subsequent Acquisition) Act, 2002
No: 31 Dated: Mar, 05 2003
THE DR. B. C. ROY POST-GRADUATE INSTITUTE OF BASIC MEDICAL SCIENCES (TAKING OVER OF MANAGEMENT AND SUBSEQUENT ACQUISITION) ACT, 2002
West Bengal Act XXXI of 2002
An Act to provide for the taking over of the management and the subsequent acquisition ofhe Dr. B. C. Roy Post-graduate Institute of Basic Medical Sciences.
WHEARAS it is expedient, in the public interest, to make better provisions for the development,control, management and maintenance of the institution commonly known as the Dr. B. C. Roy Post-graduate Institute of Basic Medical Sciences at 244B, A. J. C. Bose Road, Kolkata- 700 020, in the district of Kolkata, with a view to promoting public health and to provide for that purpose for the taking over of the management and the subsequent acquisition of all properties belonging to the said institution for a limited period or held for the benefit thereof;
It is hereby enacted in the Fifty-third year of the Republic of India, by the Legislature of West Bengal, as follows :—
1. Short title and commencement:- (1) This Act may be called the Dr. B. C. Roy Post-graduate Institute of Basic Medical Sciences (Taking over of Management and Subsequent Acquisition) Act, 2002.
(2) It shall come into force at once.
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 Dr. B. C. Roy Post-graduate Institute of Basic Medical Sciences at 244B, A. J. C. Bose Road, Kolkata-700020, in the district of Kolkata, together with the indoor-beds, if any, and provisions for outdoor services and dispensaries, if any, 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 Dr. B. C. Roy Post-graduate Institute of Basic Medical Sciences;
(c) "notification" means a notification published in the Official Gazette;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "Director" means the Director of the Dr. B. C. Roy Post-graduate Institute of Basic Medical Sciences appointed under section 7;
(f) "State Government" means the Government of the State of West Bengal.
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 five 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, at any time within the period of five 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 who has been an employee of the institution, in a non- teaching post, before the date of vesting, he shall, on and from the date attesting, be withdrawn from the institution, and be posted to any other establishment of the University of Calcutta as he may be deemed suitable and expedient. However, every person who has been an employee of the institution, in a teaching post, before the date of vesting, he shall, on and from the date of vesting, be at liberty to exercise an option, to remain under the employment of the University of Calcutta and then he shall be posted to any other establishment of that University subject to his technical, operational and economic feasibility, or to retire voluntarily from the employment of the University of Calcutta, or to become an employee of the State Government on the following terms and conditions of service :—
(a) the teaching staff of the institution shall have the option to remain on terms and conditions of the service of the University of Calcutta or to join the corresponding State Services including the West Bengal State Health Services, subject to selection through the Public Service Commission, West Bengal, wherever necessary ,Those who opt to remain on the terms and conditions of service of the University of Calcutta, shall be governed by the rules and regulations of the University of Calcutta,
(b) the set up of medical teaching posts of the institution, after the date of vesting, shall be subject to reconciliation with the notification of the State Government whereunder different teaching posts have inter ilia been sanctioned for different departments of the Institute of Post-graduate Medical Education and Research, 224A, A. J. C. Bose Road, Kolkata-700 020. If the number of teaching personnel exceeds the number of sanctioned teaching posts for any department consequent to the absorption of teaching personnel, upon such vesting, the State Government shall reserve the right to transfer such excess teaching personnel to other vacant posts in any other medical teaching institutions under the State Government, irrespective of the fact whether such teaching personnel have opted to remain on the terms and conditions of service of the University of Calcutta or are employed under State Government, whatsoever,
(c) the modality of pay fixation of such teaching personnel after the vesting shall be notified in due course,
(d) the terms and conditions of the service of employees who have been employed on contract basis shall be maintained provided that the contract is for a short period not exceeding five years in any case. If, however, the case is otherwise, the employee shall enter into a fresh contract with the State Government,
(e) a list of all such teaching personnel who have opted to become an employee of the State Government, on whatever terms and conditions they have opted for, shall be forwarded to the office of the Principal Accountant General, West Bengal, and Pay and Accounts Office, Kolkata, along with all service particulars of them;
(v) notwithstanding anything contained in any other 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 theState 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.
5. Payment of compensation:- (1) For the transfer to, and vesting in, the State Government of the institution under section 1 of 1894 the compensation payable by the State Government for the lands and buildings of the institution shall be such as may be determined by the Competent Authority referred to in sub-section (3), applying, mtatis mutandis, the provisions of the Land Acquisition Act, 1894, subject to the condition that deduction of all grants and contributions made by the State Government directly or through the Local Bodies to the institution for the purpose prior to the appointed day, and subject to the further condition that the total amount of financial assistance received from the Government, if any, for construction of buildings of the institution prior to the appointed day shall be taken into consideration for determination of the quantum of such compensation.
(2) The compensation payable by the State Government for all other assets excepting the lands and buildings referred to in-sub-section (1) shall be the market value thereof determined by the Competent Authority referred to in sub-section (3) after deduction of all grants and contributions made by the State Government to the institution specifically for the purpose of creation of such other assets prior to the appointed day.
(3) The Special Land Acquisition Collector, Kolkata shall be the Competent Authority for the purposes of this Act.
(4) Any person aggrieved by the award of the Competent Authority, may appeal to the Appellate Authority within thirty days from the date of the award and the District Judge, 24-Parganas (South) shall be the Appellate Authority for this purpose.
(5) The State Government shall, as soon as possible after the date of the award made by the Competent Authority or after the date of the order of the Appellate Authority in the case of an appeal, as the case may be, pay to the persons, found entitled to, the amount of compensation determined under this section.
(6) The amount of compensation determined under this section shall carry interest at the rate of six per cent per annum with effect from the date of vesting till the date of payment of compensation: Provided that the rate of interest on the amount of compensation for the lands and buildings referred to in sub-section (1) shall be the same as in the Land Acquisition Act, 1894.