North Suburban Hospital Acquisition Act, 1980
No: 52 Dated: Jan, 30 1981
THE NORTH SUBURBAN HOSPITAL ACQUISITION ACT, 1980
West Bengal Act LII of 1980
An Act to provide for the acquisition of the Hospital known as the North Suburban Hospital, Cossipore, Calcutta.
Whereas it is expedient to provide for the acquisition of the Hospital known as the North Suburban Hospital. Cossipore, Calcutta, 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 North Suburban Hospital Acquisition Act, 1980.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date on which this Act comes into force;
(b) "the Hospital" means the North Suburban Hospital, Cossipore, Calcutta, 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, stores, drugs and other articles used in connection therewith as accessories to or adjuncts of the said North Suburban Hospital, Cossipore. Calcutta, run under the auspices of the "North Suburban Hospital Society", 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 related 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, 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 subsection (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.