Mayo Hospital Acquisition Act, 1982
No: 15 Dated: Oct, 12 1982
THE MAYO HOSPITAL ACQUISITION ACT, 1982
West Bengal Act XV of 1982
An Act to provide for the acquisition and transfer of the Hospital known as the Mayo Hospital at 67/1, Strand Road, Calcutta.
Whereas it is expedient to provide for the acquisition and transfer of the Hospital known as the Mayo Hospital at 67/1, Strand Road, Calcutta-6 for its better management and maintenance in the public interest and for matters connected therewith or incidental thereto;
It is hereby enacted as follows:-
1. Short title and commencement. - (1) This Act may be called the Mayo Hospital Acquisition and Transfer Act, 1982.
(2) It shall be deemed to have come into force on the 27th day of August, 1982.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "appointed day" means the 27th day of August, 1982;
(b) "the Hospital" means the Mayo Hospital at 67/1, Strand Road, Calcutta-6, together with the indoor, beds and provisions for outdoor services and its branches and dependent dispensaries, namely, the Chandney Dispensary at 4 and 5, Temple Street, Calcutta-13 and the Chitpur Dispensary and Haridas Saha Institute of Otolaryngology at 656, Rabindra Sarani, Calcutta-3, and includes all lands and buildings, equipments, stores, drugs and other articles used in connection therewith as accessories to or adjuncts of the said Mayo Hospital, Calcutta, run under the auspices of the "Mayo Hospital", a society registered under the Societies Registration Act, 1860;
(c) "notification" means a notification published in the Official Gazette;
(d) "prescribed" means prescribed by rules made under this Act.
3. Hospital to vest in the State Government. - On and from the appointed day the Hospital shall, by virtue of this Act, be transferred to, and vest in, the State Government.
4. General effect of vesting. - (1) The Hospital shall be deemed to include all rights, powers, authorities and privileges relating to, and properties, movable or immovable, cash balances, reserve fund and other assets of, the Hospital including lands, buildings, works, machinery, furniture, plants, laboratories, libraries, dispensaries, apparatus, tools, instruments and implements which may be in the ownership, possession, custody or control of the Hospital immediately before the appointed day and all books of accounts, registers and all other documents of whatever nature relating thereto.
(2) Every deed of gift, endowment, bequest or trust or other documents relating to any property and assets referred to in clause (b) of section 2 or sub-section (1) of this section shall be construed as if it were made or executed in favour of the State Government.
(3) Properties which vest in the State Government under this Act shall, by virtue of the vesting, be freed and discharged from any trusts, obligations, mortgages, charges and other encumbrances affecting them, and any attachment, injunction or any decree or order of any court restricting the use of any such property in any manner shall be deemed to have been withdrawn.
(4) Any contract, whether express or implied, or any arrangement, whether under any statute or otherwise, or any order made by any court, in so far as it creates any encumbrance or any liability in relation to the Hospital or any part of it shall be deemed to have terminated on the appointed day.
(5) Every person in whose possession or custody or control the Hospital or any part of it may be immediately before the appointed day shall, on the appointed day, deliver possession of the Hospital or part thereof, to the State Government or to such person or authority as may be specified by the State Government in this behalf.
(6) Every person, who has in his possession or control any book, document, or other papers relating to the Hospital or any part of it, shall be liable to account for the said book, document or other papers to the State Government or to such person as the State Government may appoint in this behalf.
(7) Subject to the provisions of sub-section (4), if on the appointed day any suit, appeal or other proceeding of whatever nature by or against the Hospital is pending, the same shall be continued, proceeded with or enforced by or against the Hospital.
(8) The liabilities of the Hospital shall, on and from the appointed day, be met by the State Government in such manner as may be prescribed.
(9) The State Government may take, or cause to be taken, all necessary steps for securing the possession of the Hospital which has vested in it under this Act.
5. Payment of compensation. - (1) For the transfer to, and vesting in, the State Government of the Hospital under section 3, 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 sub-section (3) of this section applying mutatis mutandis the provisions of the Land Acquisition Act, 1894 subject to the deduction of all liabilities relating to the lands and buildings and subject further to the condition that in respect of the lands and buildings which the Mayo Hospital or its promoters received as gifts or donations or for permissive use from the original owners thereof, the compensation shall be determined and payable in accordance with the terms, conditions and stipulations made by the original owners thereof and subject to the deduction of all grants and contributions made by the State Government to the said Mayo Hospital prior to the appointed day.
(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) of this section after deduction of all grants and donations made by the State Government to the said Mayo Hospital prior to the appointed day.
(3) The Land Acquisition Collector, Calcutta, 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 Chief Judge, City Civil Court, Calcutta, 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 appointed day till the date of payment of compensation.
6. Management of the Hospital. - The Hospital which has vested in the State Government under this Act shall be managed on behalf of the State Government by such person or authority as may be appointed by the State Government in this behalf in accordance with such rules as may be made by the State Government.
6A. Power to transfer the Hospital on lease. - (1) Notwithstanding anything contained in sections 4 and 6, the State Government may, if it is satisfied that an existing, or new, joint sector company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, transfer the Hospital on lease to that existing, or new, joint sector company, as the case may be.
(2) The general superintendence, direction, control, and management of the affairs and business of the Hospital shall, where the Hospital has been transferred on lease to an existing, or new, joint sector company, as the case may be, vest on the existing, or new, joint sector company, as the case may be, on and from the date on which the existing, or new, joint sector company, as the case may be, takes over the Hospital on transfer on lease and thereupon the existing, or new, joint sector company, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the State Government under this Act, is authorised to exercise and do in relation to the Hospital for its better management and maintenance in the public interest.
Explanation. - For the purposes of this section, "the Hospital" shall mean the Mayo Hospital at 67/1, Strand Road, Calcutta-6, to the exclusion of the indoor beds and provisions for outdoor services and its branches and dependent dispensaries, namely, Chandney Dispensary at 4 and 5, Temple Street, Calcutta - 13 and the Chitpur Dispensary and Harids Saha Institute of Otolaryngology at 656, Rabindra Sarani, Calcutta-3, and shall include all lands and buildings of the said Mayo Hospital at 67/1, Strand Road, Calcutta-6, but shall not include equipments, stores, drugs or other articles used as accessories to, or adjuncts of, the said Mayo Hospital and its branches and dependent dispensaries as aforesaid.
7. Protection from acts done in good faith. - No suit, prosecution or other legal proceeding shall lie against the State Government or an officer or other employee serving in connection with the affairs of the Hospital for anything which is in good faith done or intended to be done under this Act.