Mahesh Bhattacharyya Homoeopathic Medical College And Hospital (Taking Over of Management And Subsequent Acquisition) Act, 1985

No: 34 Dated: Feb, 06 1986

THE MAHESH BHATTACHARYYA HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL (TAKING OVER OF MANAGEMENT AND SUBSEQUENT ACQUISITION) ACT, 1985

West Bengal Act XXXIV of 1985

    An Act to provide for the taking over of the management and the subsequent acquisition of the Mahesh Bhattacharyya Homoeopathic Medical College and Hospital.

     Whereas it is expedient in the public interest to make better provisions for the control, management and maintenance of the institution commonly known as the Mahesh Bhattacharyya Homoeopathic Medical College and Hospital at 1, G.T. Road (South) in the district of Howrah, with a view to promoting public health and to meet the growing needs of society for Homoeopathic System of education 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. - This Act may be called the Mahesh Bhattacharyya Homoeopathic Medical College and Hospital (Taking over of Management and Subsequent Acquisition) Act, 1985.

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 Mahesh Bhattacharyya Homoeopathic Medical College and Hospital at 1, G.T. Road (South) in the district of Howrah 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 Mahesh Bhattacharyya 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 [ten 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 [ten 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.

5. Payment of compensation. - (1) For the transfer to, and vesting in, the State Government of the institution under section 4, the compensation payable by the State Government for the lands and buildings shall be such as may be determined by the Competent Authority referred to in subsection (3) of this section applying, mutatis 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 to the institution for the purpose of lands and buildings prior to the appointed day shall be made and subject further to the condition that the total amount of financial assistance received from the Central Government, if any, for construction of buildings by 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 as provided 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 donations 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 Land Acquisition Collector, Howrah, shall be the Competent Authority for the purpose 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, Howrah, 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, as the case may be, the date of the order of the Appellate Authority in the case of an appeal, pay to the persons found entitled 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 shall be the same as in the Land Acquisition Act, 1894.