Rabindra Cultural Institutions (Taking Over Of Management) Act, 1980
No: 53 Dated: Feb, 05 1981
THE RABINDRA CULTURAL INSTITUTIONS (TAKING OVER OF MANAGEMENT) ACT, 1980
West Bengal Act LIII of 1980
An Act to provide for the taking over for a limited period in the public interest for better management and control of Rabindra Cultural Institutions in West Bengal.
Whereas it is expedient in the public interest to provide for better management and control of Rabindra Cultural Institutions in West Bengal and for that purpose to provide for the taking over of the management of such institutions for a limited period;
It is hereby enacted as follows :-
1. Short title. - This Act may be called the Rabindra Cultural Institutions (Taking over of Management) Act, 1980.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "date of vesting", in relation to any Rabindra Cultural Institution, means the date on which the management of the Institution vests in the Government under section 3;
(b) "Government" means the Government of the State of West Bengal;
(c) "notification" means a notification published in the Official Gazette;
(d) "notified Institution" means a Rabindra Cultural Institution the management whereof has vested in the Government under section 3;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "Rabindra Cultural Institution" means an Institution, by whatever name or description it is known, set up or initiated on the occasion of the birth centenary of Rabindranath Tagore, or set up or initiated subsequently but before the coming into force of this Act, with a view to perpetuating his memory, either wholly or partly with Government funds, and used as a venue for cultural or recreational activities including the holding of seminars, civil receptions and musical and dramatic performances, but does not include any Institution established and maintained by any religious denomination for religious and charitable purposes.
3. Vesting of management of Institutions in the Government. - (1) Where the Government is satisfied that for proper management of any Rabindra Cultural Institution it is expedient in the public interest so to do, it may, by notification, declare that the management of such Institution shall vest in the Government on and from such date as may be specified in the notification.
(2) Every notification issued under sub-section (1) shall remain in force for a period of two years from the date specified therein:
Provided that if the Government is of opinion that it is expedient in the public interest that the management should continue to vest in the Government for any further period or periods, it may, from time to time, by notification, extend the period by such further period (but not exceeding one year at a time) as may be specified in the notification:
Provided further that the total period for which the management of a Rabindra Cultural Institution shall remain vested in the Government shall, in no case, exceed four years.
Explanation - For the purposes of this Act the period (including extension, if any), during which the management of a Rabindra Cultural Institution shall remain vested in the Government under this section shall hereinafter be referred to as the "period of vesting".
4. General effect of vesting. - (1) A notified Institution shall, during the period of vesting, be run for the purposes for which it was established.
(2) Before the expiry of the period of vesting, the Government may, by notification, make over the management of the notified Institution to the authority under whose management the Institution was before the date of vesting, with effect from the date to be specified in the notification.
(3) If the management of the notified Institution has not been made over under sub-section (2), the Government shall, on the expiry of the period of vesting, make over the management of the notified Institution to the authority under whose management such Institution was immediately before such vesting.
(4) The Administrator appointed under section 5 shall cease to function with effect from the date on which the management of the notified Institution is made over to the authority under sub-section (2) or sub-section (3), as the case may be.
(5) The notified Institution shall be deemed to include all assets, rights, powers, authorities and privileges in relation to the Institution and all property, movable and immovable, including lands, buildings, stores, instruments, machinery, cash balances, reserve fund, investment and all other rights and interests in or arising out of such property as were immediately before the date of vesting in the ownership, possession, power or control of that Institution and all books of account, registers and all other documents of whatever nature relating thereto.
(6) Any contract (whether express or implied) or other arrangement (whether under any statute or otherwise) in so far as it relates to the management of the notified Institution and in force immediately before the date of vesting, or any order made by any court in so far as it relates to the management of the notified Institution and in force immediately before the date of vesting shall be deemed to have terminated on that date.
(7) All persons in whom the management of the notified Institution vests immediately before the date of vesting shall, as from that date, be deemed to have vacated their offices and shall cease to exercise any power of control.
(8) Notwithstanding any judgment, decree or order of any court, tribunal or other authority or anything contained in any law (other than this Act) for the time being in force, every Receiver, Official Liquidator or other person in whose possession or custody or under whose control the notified Institution or any part thereof may be immediately before the date of vesting shall, on that date, delivery possession of the notified Institution or such part thereof, as the case may be, to the Administrator appointed under section 5.
(9) The Government may take or cause to be taken, all necessary steps for obtaining the possession of the notified Institution.