Lowis Jubilee Sanitarium (Acquisition) Act, 1986
No: 11 Dated: Apr, 13 1986
THE LOWIS JUBILEE SANITARIUM (ACQUISITION) ACT, 1986
West Bengal Act XI of 1986
An Act to provide for the acquisition of the Lowis Jubilee Sanitarium at Darjeeling, and for matters connected therewith or incidental thereto.
Whereas it is expedient in the public interest to provide for the acquisition of the Lowis Jubilee Sanitarium at Darjeeling for the purpose of ensuring better facilities for board and lodging to the members of the public in general, and to the tourists in particular, for development and improvement of the Sanitarium and for matters connected therewith or incidental thereto;
And Whereas under article 300A of the Constitution of India, no person shall be deprived of his property save by authority of law;
It is hereby enacted as follows:-
1. Short title and commencement. - (1) This Act may be called the Lowis Jubilee Sanitarium (Acquisition) Act, 1986.
(2) It shall be deemed to have come into force on the l6th day of February, 1986.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "date of vesting" means the 16th day of February, 1986;
(b) "Lowis Jubilee Sanitarium" means the Sanitarium established under the name and style of the Lowis Jubilee Sanitarium on the 1st day of September, 1887, at Darjeeling and shall be deemed to include-
(i) all assets and properties (movable or immovable) including valuable securities, lands, buildings, works, materials, plants, power house, stores, instruments, machineries, vehicles of any kind, cash balances, deposits to its credit in any bank, cash in hand, reserve funds, investments and book debts and all other rights and interests arising out of such assets and properties as were immediately before the date of vesting in the ownership of the Sanitarium,
(ii) its books of accounts, registers, records and all other documents of whatever nature relating to it including documents of title, and
(iii) all rights, lease-holds, power, authorities and privileges, borrowings, obligations and liabilities of whatever nature owned or incurred by, or subsisting in respect of, the Sanitarium;
(c) "notification" means a notification published in the Official Gazette;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "the Sanitarium" means the Lowis Jubilee Sanitarium.
3. Acquisition of the Sanitarium. - On and from the 16th day of February, 1986, the Sanitarium shall, by virtue of this Act, stand transferred to, and vest absolutely in, the State Government.
4. General effect of vesting. - (1) The Sanitarium 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 Sanitarium in any manner shall be deemed to have been withdrawn.
(2) Any contract, whether express or implied, or, other arrangement whether under any statute or otherwise, in so far as it relates to the affairs of the Sanitarium and in force immediately before the date of vesting shall be deemed to have terminated on the date of vesting.
(3) Where any licence or other instrument in relation to the Sanitarium had been granted at any time before the date of vesting to the Sanitarium by the Central Government or the State Government or any other authority, the State Government shall, on and from the date of vesting, be deemed to be substituted in such licence or other instrument in place of the Sanitarium referred to therein as if such licence or other instrument had been granted to it.
(4) Any liability incurred by the Sanitarium (including the liability, if any, arising in respect of any loans or amounts advanced by the State Government to the Sanitarium together with interest thereon) after the management of the Sanitarium had been taken over by the State Government, shall, on and from the date of vesting, be the liability of the State Government.
(5) If, on the date of vesting, any suit, appeal or other proceeding of whatever nature in relation to any matter or business in respect of the Sanitarium, instituted or preferred by or against the Sanitarium, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the Sanitarium 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.
(6) Any person in possession or custody or control of the whole or any part of the Sanitarium on the date immediately before the date of vesting shall, on the date of vesting, deliver the possession of the Sanitarium or part thereof to the State Government or to such person as may be specified by the State Government in this behalf.
(7) The State Government may take, or cause to be taken, such steps as it considers necessary for securing the possession of the Sanitarium which has vested in the State Government under section 3.