The NALINI DEVI WOMEN'S COLLEGE OF EDUCATION (TAKING OVER OF MANAGEMENT) ACT, 1991

*THE NALINI DEVI WOMEN'S COLLEGE OF
EDUCATION (TAKING OVER OF  MANAGEMENT)
ACT, 1991
Act No. 24 of 1991
PREAMBLE
AN ACT TO PROVIDE FOR THE TAKING OVER OF MANAGEMENT OF THE
AFFAIRS OF THE NALINI DEVI WOMEN'S COLLEGE OF EDUCATION AND
FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
Whereas the ˜Nalini Devi Women's College of Education' of Bhubaneswar
is a Registered Institution being registered under the Societies Registration Act,
1860 bearing No. PR-101 -101 of 1980-81 which ultimately merged the Nalini
Devi Education trust bearing No. 7557, dated 8-9-1986;
And whereas the Governing Body of the Nalini Devi Women's College vide
its resolution, dated the 4th November , 1989 endorsing the resolution of the
Nalini Devi Education Trust, dated the 28th October 1989, requested the State
Government to take over the said Nalini Devi Woman's College with all its properties
for the best interest of the staff and students with the condition that the institution
should bear the name of Smt. Nalini Devi and the existing staff should be taken
over as Government staff;
And whereas the State Government have no objection to take over the
College along with its properties on the aforesaid two conditions;
And whereas Nalini Devi Women's College of Education Trust is the only
educational institution of its type in the State of Orissa established for imparting
higher education to woman;
And whereas there has been long standing demand from all sections of
the public for t aking over the said institution by the S tate Government in the
public interest on account of mismanagement of the institution resulting in
dharanas, hunger strike, law and order situation and litigations imparting the
education, educational standards and educational character of the institution;:
* Published vide Orissa Act 24 of 1991
For the Bill see Orissa Gazette, Extraor dinary, dated the 10th September 1991 (No.
1092)
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Date : 16th October, 1991
2
And whereas to overcome all the aforesaid problems and for smooth
management of the College, to restore normalcy in the College and to ensure
growth and excellence of the women students of the institution in the academic
field and to provide for better Organisation and development of women education
the Government in the larger interest of the public decided to take over the
management with all its properties.
BE it enacted by the legislature of the State of Orissa in the Forty-second
Year of the Republic of India, as follows:-
1 -  (1) This Act may be called the Nalini Devi Women's College of Education
(Taking over of Management) Act, 1991.
(2) It shall be deemed to have come into force on the 27th day of June,
1991.
2 -  In this Act, unless the context otherwise requires-
(a) "appointed day" means the day on which this Act came into force;
(b) "College" means the Nalini Devi Women's College of Education,
Bhubaneswar;
(c) "Government" means the Government of Orissa.
3 -  (1) On the appointed day the College shall stand transferred to, and its
properties both movable and immovable shall vest absolutely in Government free
from all encumbrances.
(2) On and from the date of such transfer the Management of the College
shall vest in Government.
(3) The Government shall appoint an Administrator or any other officer to
manage the affairs of the College.
(4) On and from the date of such transfer, Government shall be deemed to
have been in actual physical possession of the land, houses, structures and all
other immovable properties of the College.
4 -  (1) On vesting of the Management in Government, the Governing Body
in charge of the Management of the affairs of the College as on the date proceeding
the date of its transfer shall be deemed to have been superseded and persons
thereof holding office immediately before the date of vesting shall be deemed to
have vacated their office as such on that date.
(2) The Administrator or any other Officer appointed under Subsection (3)
of Section 3, as the case may be, shall exercise the powers and perform the
functions of the Governing Body of the College.
5 -  Person who ceases to hold office by reason of the provisions contained
in Section 4, shall be entitled to any compensation for the loss of office.
6 - (1) Every person ceasing to hold office under Section 4 and having
possession, custody or control over any movable properties including cash or
any books, documents or other papers relating to the College shall forthwith
deliver the possession of such movable properties including cash books,
Short title and
commencement
Definitions
Taking over of
Management
of affairs of
College
Effect of taking
over of
Management
No right to
compensation for
termination of
office:-
 Duty to deliver
possession of
property and
documents:
3
documents and other papers, to the Administrator or the officer appointed under
Sub-section (3) of Section 3, as the case may be, or to such person as may be
authorised by him in this behalf.
(2) In case of non-delivery of possession under Sub-section (1) Government
may take necessary steps for securing possession of the movable properties,
cash, books, documents and other papers.
7 -  All teaching and non-teaching employees in the employment of the
College as on the 1st day of April, 1990 shall be deemed to have been absorbed
in Government service as employees of the College in their respective post with
effect from the date of its transfer.
8 - The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other Law.
9 - Subject to the provisions of this Act, Government may, from time to
time, give such directions to the Administrator or other officer appointed under
Subsection (3) of Section 3, as they may deem fit, for the proper Management of
the affairs of the College and the Administrator or the other Officer, as the case
may be, shall comply with such directions.
10 -  (1) The Nalini Devi Women's College of Education (Taking over of
Management) Ordinance, 1991(Orissa Ordinance No.3 of 1991) is hereby repealed.
(2) Notwithstanding the repeal under Sub-section (1), anything done or
any action taken under the Ordinance so repealed shall be deemed to have been
done or taken under this Act.
Absorption of
employee
Overriding effect
of Act:
Power of
Government to give
directions
Repeal and
savings Orissa Ordinance
No.3 of 1991

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