Lowis Jubilee Sanitarium (Taking Over of Management) Act, 1976
No: 18 Dated: Apr, 01 1976
THE LOWIS JUBILEE SANITARIUM (TAKING OVER OF MANAGEMENT) ACT, 1976
West Bengal Act XVIII of 1976
An Act to provide for the taking over of the management of the Lowis Jubilee Sanitarium for a limited period in the public interest and in order to secure the proper management thereof.
Whereas it is expedient to provide for the taking over of the management of the Lowis Jubilee Sanitarium for a limited period in the public interest and in order to secure the proper management thereof;
It is hereby enacted as follows :-
CHAPTER I
Preliminary
1. Short title. - This Act may be called the Lowis Jubilee Sanitarium (Taking over of Management) Act, 1976.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "Administrator" means the Administrator appointed under clause (a) of sub-section (3) of section 3 and includes persons authorised to discharge the functions of the Administrator under this Act;
(b) "appointed day" means the 16th day of February, 1976;
(c) "financial year" means the year commencing on the 1st day of April;
(d) "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) its assets, properties (movable and 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 appointed day 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;
(e) "prescribed" means prescribed by rules made under this Act;
(f) the Sanitarium means the Lowis Jubilee Sanitarium.
CHAPTER II
Taking over of the management of the Sanitarium
3. Taking over of the management of the Sanitarium. - (1) On and from the appointed day and for a period of ten years thereafter, the management of the Sanitarium shall vest in the State Government and all persons in charge of the management of the Sanitarium immediately before such day shall be deemed to have vacated their offices.
(2) Any contract, whether express or implied, or other arrangement, in so far as it relates to the management of the business and affairs of the Sanitarium and in force immediately before the appointed day, shall be deemed to have terminated on and from that day.
(3)(a) On and from the appointed day the State Government shall carry on the management of the Sanitarium and shall appoint an Administrator for the purpose:
Provided that it shall be competent for the State Government to appoint the West Bengal Tourism Development Corporation Limited as the Administrator.
(b) On the vesting of the management of the Sanitarium in the State Government under sub-section (1), every person, in whose possession, custody or control, the Sanitarium or any part thereof may be, shall forthwith deliver possession thereof to the Administrator, or to such other person whom the Administrator may authorise in this behalf (hereinafter referred to as the authorised person).
(c) If any person refuses or fails to comply with the provisions of clause (b), the Administrator shall apply to the Executive Magistrate within whose jurisdiction the Sanitarium or a part thereof is situated, and such Executive Magistrate shall enforce the delivery to the Administrator or to the authorised person, of possession of the Sanitarium or part thereof, as the case may be.
(4) Every person having, on the appointed day, possession, custody or control of any property forming part of the Sanitarium shall deliver forthwith such property to the Administrator or to the authorised person.
(5) Any person who, on the appointed day has in his possession or under his control any books, papers or other documents relating to the Sanitarium or any current cheque books issued in favour of, or relating to, the Sanitarium, shall, notwithstanding anything contained in any law for the time being in force, be liable to account for the books, papers and other documents (including such cheque books), to the Administrator and shall deliver them up to the Administrator or to the authorised person.
(6) Every person in charge of the management of the Sanitarium immediately before the appointed day shall, within fifteen days from that day or within such further time as the Administrator may allow in this behalf, furnish to the Administrator a complete inventory of,-
(a) all the properties and assets (including valuable securities, movable and immovable properties, particulars of book debts, bank accounts and cash in hand, investments and belongings) forming part of the Sanitarium immediately before the appointed day,
(b) all the borrowings, liabilities and obligations of the Sanitarium immediately before that day, and
(c) all agreements entered into by or on behalf of the Sanitarium and in force immediately before that day.
CHAPTER III
Management of the Sanitarium after the take-over
4. Management of the Sanitarium after the take-over. - (1) For and on behalf of the State Government and subject to its control, the management of the affairs and business of the Sanitarium shall be carried on by the Administrator.
(2) The Administrator shall exercise such powers, perform such duties and discharge such functions as may be prescribed and as the State Government may, from time to time direct, and the Administrator may apply to the State Government at any time for instructions as to the manner in which it shall conduct the management of the Sanitarium or in relation to any matter arising in course of such management.
(3) Subject to the other provisions of this Act and the control of the State Government, the Administrator shall, immediately after the appointed day, take such steps as may be necessary for the purpose of efficiently managing the business and affairs of the Sanitarium.
(4) While managing the affairs and business of the Sanitarium, the Administrator shall have regard to the best business principles, consistent with the original purpose for which the Sanitarium was established.
(5) Subject to the provisions of this Act and the rules made thereunder, the Administrator may entrust such duties and functions to such persons as the Administrator may deem fit in the interest of the efficient administration of the Sanitarium.