Netaji Nagar College (Taking Over Of Management) Act, 1978
No: 12 Dated: Mar, 28 1978
THE NETAJI NAGAR COLLEGE (TAKING OVER OF MANAGEMENT) ACT, 1978
West Bengal Act XII of 1978
An Act to make better provisions for the control, management and maintenance of the institution known as the Netaji Nagar College, Netaji Nagar, Regent Park, Calcutta-40 with a view to promoting education and to take over for that purpose for a limited period the management of all the properties belonging to the said institution or held for the benefit or use thereof.
Whereas it is expedient in the public interest to make better provisions for the control, management and maintenance of the institution known as the Netaji Nagar College, Netaji Nagar, Regent Park, Calcutta.-40, with a view to promoting education and to take over for that purpose for a limited period the management of all the properties belonging to the said institution or held for the benefit or use thereof;
It is hereby enacted as follows:-
1. Short title. - This Act may be called the Netaji Nagar College (Taking over of Management) Act, 1978.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "appointed day" means the fifteenth day of February, one thousand nine hundred and seventy-eight;
(b) "the institution" means the Netaji Nagar College, Netaji Nagar, Regent Park, Calcutta-40, together with the lands, buildings, erections and fixtures constituting the same and includes all furniture, equipments, stores, moneys and other assets, and also all lecture rooms, laboratories and libraries held or used in connection with, or as accessories to, or adjuncts of, the said Netaji Nagar College.
3. Taking over of management of the institution. - (1) The State Government may, by an 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 [four years] from the date of its publication in the Official Gazette.
4. Effect of an order made under section 3. - (1) With effect from the appointed day the Administrator or the Committee appointed under section 6 shall have all the powers of management and control in relation to the institution together with-
(a) all lands thereof and appurtenant thereto and all buildings, erections and fixtures on such lands;
(b) all furniture, equipments, stores, moneys and other assets of institution.
(2) (i) All persons exercising any power of management in relation to the institution by the terms of the constitution or management of the institution or by virtue of any judgement, decree or order of any court, in relation to the institution, immediately before the appointed day, shall be deemed to have vacated their offices and shall cease to exercise such power;
(ii) All such persons including the Receiver or the Administrator appointed by any court or any other person who has in his possession, custody or control any asset or assets of the institution shall forthwith deliver possession of such asset or assets to the Administrator or the Committee appointed under section 6.
5. Reversion of the management of the institution. - The institution shall remain under the management of the State Government for the period referred to in sub-section(2) of section 3 and shall be run for the purposes for which it was being run immediately before the appointed day and upon the expiry of the said period the management shall revert to the person or persons who were in charge of the management of the institution immediately before the appointed day.
6. Appointment of Administrator of Committee. - (1) The State Government shall, by an order in writing, appoint an Administrator or a Committee consisting of such number of persons as the State Government may determine, for managing the institution in accordance with the provisions of this Act and the rules made thereunder.
(2) The State Government may appoint one or more persons to assist the Administrator or the Committee in carrying out the functions under this Act.
(3) The State Government shall by rules prescribe the terms and conditions of service of the Administrator or the members of the Committee and other person or persons who may be appointed to assist the Administrator or the Committee.
7. Transaction of business of the Committee. - The State Government shall make rules regarding the mode of transaction of business of the Committee.